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Agenda Packet City Council - 02/15/2011
111111■t111%.0%/11.1011 11 :45 A.M. - Proclamation declaring February 15, 2011 as "Leadership Corpus Christi Class 39 Day" Proclamation declaring February 15, 2011 as "Half Price Books Half Pint Library Day" Proclamation declaring February 18, 2011 as "Maureen Miller Day" Proclamation declaring the week of February 20 -26, 2011 as "National Engineers Week" Proclamation declaring the month of February 2011 as "Career and Technical Education Month" Swearing -in Ceremony of newly appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 FEBRUARY 15, 2011 12 :00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y tree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 -826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Miriam Berger, Chaplain, Christus Spohn Health System. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Mark Scott Linda Strong City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting February 15, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of February 8, 2011 and Workshop Meeting of February 8, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. • CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS:, (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. a. Ordinance appropriating and approving the transfer of funds in the amount of $1,270,000 from the Unreserved Fund Balance in the No. 1020 General Fund for "one time" expenditures into the Capital Outlay Budget of the Maintenance Services Fund No. 5110 for the purchase of vehicles; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing appropriations by $1,270,000 in the No. 1020 General Fund, Agenda Regular Council Meeting February 15, 2011 Page 3 3. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) and by increasing both estimated revenues and appropriations in the No. 5110 Maintenance Services Fund by $1,270,000 each. (Attachment # 2) b. Motion approving the purchase of thirty -one (31) police package sedans from Champion Ford, of Corpus Christi, Texas in accordance with Bid Invitation No. B1- 0066 -11, based on only bid for a total amount of $709,838. These units are replacements to the fleet and will be used by the Police Department, Uniform Division and Crime Control. Funding is available in the FY 2010 -2011 Capital Outlay Budget of the Fleet Maintenance Fund and the Crime Control District Budget. (Attachment # 2) a. Resolution authorizing the City Manager or his designee to accept a $64,697.68 grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY 2011 Senior Community Services, Elderly Nutrition Program. (Attachment # 3) b. Ordinance appropriating a $64,697.68 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2011 Senior Community Services, Elderly Nutrition Program. (Attachment # 3) 4. Resolution authorizing the City Manager or his designee to submit a grant application to the Bureau of Reclamation in the amount of $55,000 for costs associated with Energy Control Systems at the O. N. Stevens Water Treatment Plant, with a City match of $55,000 in the No. 4010 Water Fund, and a total project cost of $110,000. (Attachment # 4) 5. Resolution authorizing the City Manager or his designee to submit a grant application to the Bureau of Reclamation in the amount of $48,750 for costs associated with energy monitoring systems at the Navigation Boulevard, South Staples, and Sand Dollar Water Pump Stations, with a City match of $48,750 in the No. 4010 Water Fund, and a total project cost of $97,500. (Attachment # 5) Agenda Regular Council Meeting February 15, 2011 Page 4 6. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Ordinance authorizing the City Manager, or his designee, to execute a four -year lease agreement with Corpus Christi Police Athletic League for the use of T.C. Ayers Field located at 1722 Winnebago, Ben Garza Field located at 1815 Howard, and the sublease of Driscoll Field located at 4235 Baldwin, for Baseball Program. (Attachment # 6) b. Ordinance authorizing the City Manager, or his designee, to execute a five -year lease agreement with Southside Little Miss Kickball League for the use of fields located at 4200 McArdle Road for Kickball Program. (Attachment # 6) c. Ordinance authorizing the City Manager, or his designee, to execute five -year lease agreement with Padre Youth Football League for the use of football fields located at Bill Witt Park located on Yorktown Boulevard for Football Program. (Attachment # 6) d. Ordinance authorizing the City Manager, or his designee, to execute a five -year lease agreement with National Little League of Corpus Christi for the use of baseball fields located at Paul Jones Youth Sports Complex for Baseball Program. (Attachment # 6) e. Ordinance authorizing the City Manager, or his designee, to execute a five -year lease agreement with Oso Little Miss Kickball League for the use of Kickball Fields located at Paul Jones Youth Sports Complex for Kickball Program. (Attachment •# 6) f. Ordinance authorizing the City Manager, or his designee, to execute a five -year lease agreement with Oso Pony Baseball League for the use of baseball fields located at Paul Jones Youth Sports Complex for Baseball Program. (Attachment # 6) 7. Ordinance authorizing the resale of six (6) properties for $8,250 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $162.03, plus $225.41 for partial payment of City paving and demolition liens. (Attachment # 7) Agenda Regular Council Meeting February 15, 2011 Page 5 CiTY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to a professional architectural/engineering services contract with Urban Engineering, Inc. of Corpus Christi, Texas in an amount not to exceed $186,476 for a restated total not to exceed fee of $222,026 for the Aquarius Drive from Dasmarinas to Commodores project for Basic Service (Detailed Design, Bid Phase and Construction) and Additional Services - Project No. 6472. (BOND ISSUE 2008) (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute a construction contract with Bridges Specialties Inc. of Sandia, Texas, in the amount of $414,290.10 for the Salt Flats Drainage System Improvements Phase III Sta. 5 +20 through Sta. 17+50 for the Total Base Bid. (Attachment # 9) 10. Resolution amending Resolution No. 028897 which authorized the execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation for construction to adjust manholes and water valves on FM 43 on Weber Road from SH 358 (SPID) to SH 357 (Saratoga Blvd.), to increase amount of City's funding obligation from $52,303 to $89,893.56. (Attachment # 10) 11. Second Reading Ordinance — Abandoning and vacating an 89,683- square foot portion of the North Country Club Place and South Country Club Place public street rights -of -way, out of the Country Club Place Subdivision, the public rights -of -way being located north of the Interstate Highway 37 right -of -way; subject to compliance with the specified conditions. (Tabled on 01/11/11) (First Reading — 02/08/11) (Attachment # 11) I. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Agenda Regular Council Meeting February 15, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 12. Executive session pursuant to Section 551.074(a) of the Texas Government Code to deliberate the appointment of a City Manager with possible discussion and action in open session. J. K. PUBLIC HEARINGS: (NONE) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 13. Ordinance ordering a General Election to be held on May 14, 2011, in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of Branch Early Polling Places; designating Polling Place locations; authorizing the City Secretary to contract with the Nueces County Election Officer for equipment and supplies necessary to conduct the election; authorizing Joint Election Agreements with Flour Bluff Independent School District and London Independent School District; selection of June 11, 2011, as the Runoff Election Date, if one is necessary; enacting provisions incident and relating to the subject and purpose of this ordinance. (Attachment # 13) 14. First Reading Ordinance — Approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. (Attachment # 14) 15. a. Motion to amend Ordinance Chapter 57, Article V. of the Corpus Christi Code of Ordinances prior to Second Reading, by revising several sections in said Article to provide for expanded definitions; more offenses and penalties; other specific requirements applicable to auto wreckers and auto wrecker companies; providing for a repealer clause; and providing an effective date of March 1, 2011. (To be considered at approximately 2 :00 p.m.) (Attachment # 15) b. Second Reading Ordinance - Amending Chapter 57, Article V. of the Corpus Christi Code of Ordinances, by revising several sections in said article to provide for expanded definitions; more offenses and penalties; other specific requirements applicable to auto wreckers and auto wrecker companies; providing for a severance clause; providing for a Agenda Regular Council Meeting February 15, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) repealer clause; and providing an effective date of March 1, 2011. (First Reading — 02/08/11) (To be considered at approximately 2:00 p.m.) (Attachment # 15) 16. Resolution determining that certain Voluntary Paving Assessment Petitions for Buckhorn, Olson, Junior Terrace, Comanche, and Viola Streets are not qualified under the Voluntary Paving Assessment Program; removing said street names from the list of possible streets identified in connection with the authorization and issuance of the "City of Corpus Christi, Texas General Improvement Bonds, Series 2009" and, thereby, abandoning those street projects as permitted expenditures of Bond proceeds; redirecting the resultant excess Bond proceeds to other authorized street improvement projects (with priority given to other qualified voluntary pavement assessment program projects) as permitted expenditures of Bond proceeds; and other matters relating to the foregoing. (BOND ISSUE 2008) (Attachment # 16) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 17. Status .Report from Texas Department of Transportation (TxDOT) on Harbor Bridge Improvements / Replacement (To be considered at approximately 3:00 p.m.) (Attachment # 17) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: Agenda Regular Council Meeting February 15, 2011 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL. DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) 0. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at aq.'3 O p.m., on February 10, 2011. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2010 -2011 ihu 7,` 'ter.: r Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase Il Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Workshop Meeting February 8, 2011 — 8:30 a.m. PRESENT Mayor Joe Adame Mayor Pro Tem Nelda Martinez* Council Members: Chris Adler Larry Elizondo, Sr. Priscilla Leal John Marez*** Mark Scott Linda Strong** ABSENT Kevin Kieschnick *Arrived at 8:39 a.m. **Arrived at 8:41 a.m. ***Arrived at 9:58 a.m. City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the planning workshop topics and revised schedule; the five year forecast; the general fund deficit; fund balances of government funds; comparison of property and tax rates, property tax levies and collections, demographic and economic statistics, and full time equivalents from 2001 to 2010; the principal employers; prioritization of services; the opportunity to realign and reallocate budget by focusing on desired community results; a matrix for ranking services; the process for establishing priorities; aligning priorities with funding decisions; and developing a communication strategy. The following topics pertaining to this item were discussed: the amount of services currently privatized and largest contracts; the lag period in appraised value and payment; the forecasted increase in sales tax and ad valorem tax; the status on the collection of delinquent utilities; coordinating forecasting predictions with other governmental entities; the trend created with homestead; whether increasing the collection rate would offset the utility transfer without a rate increase; a breakdown of the increased expenditures forecasted; the amount currently budgeted for sales tax; the comparison of the appraised value from 2001 to 2010; the decrease in personal income; the last time the city employees received a raise; the number of employees in 2001; the internal service departments; a breakdown of the full time equivalents in each department including vacant positions; the inclusion of leadership /productivity in the matrix scale; evaluating mandates and efficiency approach; evaluating departments externally rather than within the department; continuing to evaluate suggestions by staff, relationship with vendors, and volunteer services; the number and amount of funds received for towing and storage of vehicles; the services provided by each department; the legal ramifications for theft of services; input from the community; and communication resources including social networking, Spanish speaking television and radio, text messaging, and organizational meetings. Minutes -- Workshop Meeting February 8, 2011 — Page 2 Assistant City Manager Martinez stated that staff would prepare a plan focused on the desired community results and develop a matrix for establishing priorities to present to Council. There being no further business to come before the Council, Mayor Adame adjourned the workshop meeting at 10:38 a.m. on February 8, 2011. * * * * * * * * * * * ** MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 8, 2011 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: Chris Adler Larry Elizondo, Sr. Priscilla Leal John Marez* Mark Scott Linda Strong ABSENT Kevin Kieschnick *Arrived at 12:07 p.m. City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Scott Higginbotham with Lexington Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Martinez. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of January 25, 2011. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame referred to Item 2 and the following board appointments were made: Committee for Persons with Disabilities Harvey Salinas (Reappointed) Dr. Candelario Huerta (Reappointed) Alana Manrow (Reappointed) Carlos Vargas (Reappointed) Darren Bates (Reappointed) Mayor's Fitness Council Mary LaFrancois (Appointed) Mechanical /Plumbing Advisory Board David Mathews (Reappointed) Billy Largin (Reappointed) Julio Sanchez (Reappointed) Karim I. Salighedar (Reappointed) Clinton Bailey (Appointed) Bruce Hawn (Appointed) Leadership Committee for Senior Services Lindsey Edwards (Reappointed) Patricia Byrd (Reappointed) Billy Ray Sales (Reappointed) Dotson G. Lewis (Reappointed) Gloria Gooding (Reappointed) Henry Edward Savoy (Appointed) Felix Zavala, Jr. (Appointed) Rudy Martinez (Appointed) Jose R. Villanueva (Appointed) Regional Health Awareness Board Margie Rose (Reappointed) Minutes — Regular Council Meeting February 8, 2011 — Page 2 * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 3 - 15). There were no comments from the public. City Secretary Chapa announced that Item 15 was postponed by staff. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2011 -035 Motion approving a supply agreement for 2,930 tons of liquid caustic soda with Univar USA, of Corpus Christi, Texas in accordance with Bid Invitation No. BI- 0078 -11, based on low bid for an estimated six -month expenditure of $587,392.50. The term of the contracts will be for six months with options to extend for up to nine additional six -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2010 -2011. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 4.a. RESOLUTION NO. 028940 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the City of Conroe, Texas to allow for the City of Corpus Christi to secure a false alarm management program competitively procured by the City of Conroe. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 4.b. MOTION NO. 2011 -036 Motion awarding a service agreement with PMAM Corporation of Irving, Texas for False Alarm Management Services for a fee of 28% of the revenue collected. The term of the agreement will be for three years with automatic renewal on a bi- annual basis for additional two -year terms, or portions thereof. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 5. ORDINANCE NO. 028941 Ordinance appropriating $20,000 from the Radio System Capital Replacement Reserve Fund, amending the FY 2010 -2011 budget, adopted by Ordinance No. 028683 to increase appropriations by $20,000 in the No. 1020 General Fund Police Department budget to pay for software upgrades for the 800 Mhz radio system. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 6. RESOLUTION NO. 028942 Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with Corpus Christi /Nueces County Local Emergency Planning Committee (LEPC) for acquisition, management, operation, and maintenance of a vehicle for the LEPC. —4— Minutes — Regular Council Meeting February 8, 2011 — Page 3 The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 7. MOTION NO. 2011-037 Motion authorizing the City Manager or his designee to execute a Renewal Professional Services Contract with Granicus, Inc. of San Francisco, California, in the amount of $30,600. The renewal contract is for one year, with automatic renewals of three additional one -year terms, subject to appropriation of funds, for a total amount not to exceed $122,400. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 8. ORDINANCE NO. 028943 Ordinance authorizing the City Manager or his designee to execute Amendment No. 4 to the Lease Agreement for the Transportation Security Administration use of space at Corpus Christi International Airport, to provide janitorial services with total annual rent increasing by $16,640 from $383,705.91 to $400,345.91. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 9. ORDINANCE NO. 028944 Ordinance appropriating $17,500 from the Unreserved Fund Balance in the No. 1130 Arena Facility Fund for a grant from the of the Corpus Christi Business and Job Development Corporation to the Corpus Christi Convention and Visitors Bureau for a study of needed expansion and improvements to the American Bank Center (including the potential expansion of the Arena) and construction of a convention center hotel; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028252 by increasing proposed expenditures by $17,500. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 10. RESOLUTION NO. 028945 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement and a Ground Lease with the Corpus Christi Independent School District (CCISD) for 0.993 acre tract of land (43,255 square feet) of the Seven Oaks Addition to build a new Fire Station Number Five and an 800 square -foot Joint Use Facility to be used for CCISD educational purposes and for City business, for a term of fifty (50) years. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. Minutes — Regular Council Meeting February 8, 2011 — Page 4 11. MOTION NO. 2011 -038 Motion authorizing the City Manager or his designee to execute a construction contract with IHS Construction, Inc. of Corpus Christi, Texas, in the amount of $629,617.17 for the Southmoreland Addition Street Improvements Phase 3B and 4B Part 3, for Total Base Bid. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 12. MOTION NO. 2011 -039 Motion authorizing the City Manager or his designee to execute.a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas, in the amount of $58,483.82 for the Broadmoor Senior Center Walking Trail & Parking Lot Improvements. (CDBG & BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 13. ORDINANCE NO. 028946 Ordinance appropriating $26,589.46 from the Reserved Fund Balance in the Maintenance Services Fund No. 5110; transferring and appropriating $26,589.46 into the General Fund No. 1020 for repair of interior renovations to the Museum of Science & History Building; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase proposed expenditures by $26,589.46 in the Maintenance Services Fund No. 5110 and revenues and expenditures by $26,589.46 each in the General Fund No. 1020. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 14. FIRST READING ORDINANCE Abandoning and vacating an 89,683- square foot portion of the North Country Club Place and South Country Club Place public street rights -of -way, out of the Country Club Place Subdivision, the public rights -of -way being located north of the Interstate Highway 37 right - of -way; subject to compliance with the specified conditions. (Tabled on 01/11/11) The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 15.a. POSTPONED BY STAFF 15.b. POSTPONED BY STAFF Minutes — Regular Council Meeting February 8, 2011 — Page 5 payment of utilities; providing for severance; and providing for publication. (First Reading 01/11/11) 15.c. POSTPONED BY STAFF ** * * * * * * * * * * * Mayor Adame announced the executive sessions, which were listed on the agenda as follows: 16. Executive session under Section 551.076 to deliberate the deployment, or specific occasions for implementation of security personnel or devices; and/or a security audit. 17. Executive session pursuant to Section 551.071(1)(A) for consultation with attorney regarding contemplated litigation involving a municipal energy supply contract. The Council went into executive session. The Council returned from executive session. Mayor Adame announced that no action would be taken in open session. * * * * * * * * * * * * Mayor Adame referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1210 -06, City of Corpus Christi: The applicant is requesting a change of zoning from the "AT/I0" Apartment Tourist District with Island Overlay to the "B- 2A/IO" Barrier Island Business District with Island Overlay resulting in a change of future land use from a public /semi - public use to a tourist use. The property to be rezoned is described as 163.24 acres out of the William Bryan Survey Abstract 45 & Balli Survey Abstract 1998, located between State Highway 361 and the Gulf of Mexico and along the south side of Zahn Road. (Postponed on 01/25/11) Senior Planner Miguel Saldana referred to a powerpoint presentation including an aerial view; the existing land use map; the future and use map; the ownership map; and the Packery Channel Development Plan map. Mr. Saldana stated that the Planning Commission and staff recommended approval of the applicant's request for a change in zoning from the "AT/10" Apartment Tourist District with Island Overlay to the "B- 2A/IO" Barrier Island Business District with Island Overlay. Council Member Strong reported that anything within 1000 feet of the vegetation line is under the auspice of the Beach Management Advisory Committee and there is a dune permit required for whatever is planned for that area 350 feet or closer to the beach with no exceptions. The following topics pertaining to this item were discussed: whether the zoning case was presented to the Island Strategic Action Committee (ISAC); responses from ISAC; the requirement for the zoning change under the Texas General Land Office (GLO) agreement; development of private sector and and coordinating those efforts with commitments as part of the agreement with the GLO; and if the requested zoning allows for bars. -7- Minutes — Regular Council Meeting February 8, 2011 — Page 6 No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 028947 Amending the Zoning Ordinance, upon application by City of Corpus Christi, by changing the Zoning Map in reference to 163.24 acres out of the William Bryan Survey Abstract 45 & Belli Survey Abstract 1998, located between State Highway 361 and the Gulf of Mexico and along the south side of Zahn Road, from the "AT/I0" Apartment Tourist District with Island Overlay to the "B- 2A110" Barrier Island Business District with Island Overlay resulting in a change of future land use from a public /semi - public use to a tourist use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 22 regarding the revisions to the wrecker service ordinance. Police Captain James Brandon referred to a powerpoint presentation including what the ordinance entails; the rotation wreckers; state law; the purpose of the revisions; timeline; the changes based on wrecker company concerns since December 30th; proposed changes; the overriding concerns of the wrecker companies and Police Department response; and conclusion. Mayor Adame called for comments from the audience. John Bell, 31750 Primavera, stated that the Southwest Towing Association is supportive of the changes, however requests additional time to address the following issues: the provision in Section 57 -245 regarding the 30 minute response time and requiring that one (1) wrecker always be reserved for police tow use; that there are no provisions for changing private property tows or Type A tows; that there is no distinction between rotation wreckers and other wreckers for requiring workers compensation and drug testing; the requirement that anyone under any investigation at TDLR may not obtain a permit or be renewed; and apparent typographical errors within the ordinance. Nick Richard, 2925 Agnes, spoke regarding the rates not increasing for private property impound tows and the TDLR not allowing for separate charges; adding language in Section 57- 224(b)(1) stating that a wrecker must have dual rear wheels; and the requirement that a fee schedule listing the maximum storage and towing fees must be attached to every invoice. Norma Rivera, Coastal Bend Towing Association, stated that the Association is in complete support of Chief Riggs and his efforts for updating the ordinance. Ms. Rivera referred to a powerpoint presentation of the Association's perspective of the timeline for the proposed ordinance; the Association's policy concerns; and the main concerns regarding the 30- minute response requirement and owner not refusing an assignment except for safety reasons. Sally Rodriquez, Ace - 1 Wrecker Services, spoke regarding the rates for small Type A wreckers; regulating recovery rates; and the drug testing. Ms. Rodriguez asked for additional time to discuss and review the changes with all of the wreckers on the rotation list. Abel Alonzo, 1701 Thames, thanked Chief Riggs, staff, and the Association for working together and urged the Council to direct staff to continue to discuss the concerns with the wrecker services. Joe Dees, Statewide Wrecker, reported that the concerns of the wreckers are valid and companies want to make sure that the ordinance is the best for everyone. Mr. Dees asked for additional time to address the points addressed by John Bell. Dave Resendez, Apollo Towing and Easy Rider Wrecker Service, thanked City staff, Legal, Assistant -8- Minutes — Regular Council Meeting February 8, 2011 — Page 7 Chief Steve Mylett and Captain Brandon for their work on this ordinance and stated that the revisions to the ordinance are designed to make companies more accountably, improve response time, make officers and citizens safer, and provide a better caliber of companies. Mr. Resendez urged the Council to approve this ordinance. The following topics pertaining to this item were discussed: a comparison of the towing fees with other cities; the proposed fee for heavy wrecker and specialized equipment costs; monitoring specialized equipment costs; liability for the City; background checks and drug testing for drivers; wrecker service proof of liability; the deposit for the tow fee study and the account for those fees; the justification for not raising private towing rates; concerns with adding dual rear wheels as a requirement for auto wreckers in category A; the 30 minute response time; the no refusal clause; changing the under investigation clause to discipline; whether individuals have the option of hiring their own towing company; and typographical errors in the ordinance. Mr. Scott made a motion to amend Section 57- 223(14) by deleting the language "under any investigation or" on the fourth line and "currently under investigation or" on the sixth line. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. Mr. Scott made a motion to amend Section 57- 223(c)(11) by deleting the language "is currently under any investigation" and add "has received ". The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. Mr. Scott made a motion to amend Section 57- 254(d)(2)(a) and Section 57- 254(d)(2)(b) by substituting the following language: a. N RNonconsent tow (includes double hookup and towing of tractor and trailer as one unit, removal of shaft or axle, application of air to brake system, and/or caging brakes, to prepare for tow)...200 -00 325.00. b. Additional fee allowed in Sec.57- 254(d)(2)(a)includes labor such as rigging up, winching for removal from ditch or water, righting an overturned vehicle, clean up, or for similar unusual circumstances (all inclusive} per 45 minutes ...20.00 275.00 per hour. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. Mr. Scott made a motion to amend Section 57- 223(c)(11) by changing the date from January 1, 2011 to March 1, 2011. The motion was seconded by Mr. Elizondo and passed. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. City Secretary Chapa polled the Council for their votes as follows: Minutes – Regular Council Meeting February 8, 2011 -- Page 8 22. FIRST READING ORDINANCE Amending Chapter 57, Article V. of the Corpus Christi Code of Ordinances, by revising — several sections in said article to provide for expanded definitions; more offenses and penalties; other specific requirements applicable to auto wreckers and auto wrecker companies; providing fora severance clause; providing fora repealer clause; and providing an effective date of March 1, 2011. The foregoing ordinance was passed and approved on its first reading as amended with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. Mayor Adame opened discussion on Item 19 regarding slot machines at racetracks. Director of Intergovernmental Relations Rudy Garza explained that this resolution will show the City's support for expanding gaming at existing facilities to present to the Legislature. Mayor Adame called for comments from the audience. Rosie Colleen, Hispanic Chamber of Commerce, provided a resolution in support of slot machines at the racetracks. Foster Edwards, Corpus Christi Chamber of Commerce, stated that the Chamber endorses this resolution and urged adoption of the resolution. Council Member Marez stated that this resolution is showing the Council's support on this issue and it is up to the Legislature to decide. Council Member Strong provided statistics on commercial bingo halls in Corpus Christi and asked for consideration to support bingo halls if the gambling opportunities are expanded. Mr. Garza reported that if the Legislature did support expanding gaming opportunities, it would be a limited expansion and bingo halls could be considered in the future. Council Member Leal said she would support this item and bingo halls in the future. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 028939 Resolution in support of slot machines at racetracks. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. Mayor Adame opened discussion on Item 20 regarding the Corpus Christi International Airport Consolidated Rent Car Quick Turn Around Facility. Director of Engineering Services Pete Anaya provided information on the potential revenue; the project description; meetings with the Rental Automotive Car (RAC) Industry tenants; LED certified building; and project schedule. In response to Mayor Adame, Mr. Anaya reported that the location is close to the existing location. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, informed the community that $5.5 million is going to a local contractor for this project and 95% of the revenue from these rental cars will come from outside the City. City Secretary Chapa polled the Council for their votes as follows: 20. MOTION NO. 2011 -040 Motion authorizing the City Manager or his designee to execute a construction contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $5,525,000 for the –10– Minutes — Regular Council Meeting February 8, 2011 — Page 9 Corpus Christi International Airport Consolidated Rental Car Quick Turn Around Facility for the Total Base Bid. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick and Strong were absent. Mayor Adame opened discussion on Item 21 regarding illegal smoking products and related paraphernalia. Police Captain John Houston referred to a powerpoint presentation including a background of the product; the K -2 website, advertising, and website information; the effects of ingestion; examples of the product; and related paraphernalia. Mayor Adame called for comments from the audience. Kimberly Davis, Mr. Nice Guys, said she had a petition of individuals opposing the ban. Ms. Davis asked the Council to consider not banning the substance and consider an ordinance regulating the substance. Ms. Davis said the ban would take away from profits for small business and requested that if Council approved the ordinance, businesses be allowed a 90 -day extension. Abel Alonzo, 1701 Thames, spoke in support of the ordinance. The following topics pertaining to this item were discussed: if there was an effective date; public awareness of the ordinance; protecting the youth in the community; the nationwide figure on youth hospitalized for treatment; local cases; and whether Mr. Nice Guys requires identification when selling the product; City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 028948 Ordinance amending Chapter 33, Code of Ordinances, City of Corpus Christi, by adding a new Article (IX) to regulate illegal smoking products and related paraphernalia and by specifically negating a requirement of a culpable mental state; providing for penalties; providing for severance; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. * *.* * * * * ** * * ** Mayor Adame called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke regarding the Council's concern for additional security in the Council Chamber and stated that she did not think additional security was needed. Foster Edwards, Corpus Christi Chamber of Commerce, introduced Desiree Castro as the new Governmental Affairs liaison at the Chamber. Mr. Edwards spoke regarding the great job the City is doing on Shoreline Boulevard; the new Southside Council program; and Coastal Bend Days in Austin on March 1s }. Don Winkley, 6317 Boca Raton, spoke regarding the City citing his property for high weed and mowing charges. Mr. Winkley stated that he is attempting to preserve the wildlife and native vegetation near Red Head Pond and asked for assistance with the fees and allowing a special permit for his property. Gene Broner, 324 S. Naylor, spoke regarding enforcement for parking of vehicles on sidewalks at a property located at 2828 Agnes. Abel Alonzo, Chairman of the Committee for Persons with Disabilities, also expressed concern for individuals who block sidewalks and jeopardize the safety of others. * * * * * * * * * * * * * —11— Minutes — Regular Council Meeting February 8, 2011 — Page 10 Mayor Adame opened discussion on Item 23 regarding Privatization and Reorganization Initiatives. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the budget principles for fiscal year 2011; economic challenges; evaluation of budget process; limited resources; rethinking delivery of service; the managed competition process goals and approach; expectations of competitiveness; benefits of becoming competitive; how the managed competition process works; downsides to becoming a competitive service business; the City's of Carrollton's competitive service culture, preparation for change, and managed competition scorecard; what the City is doing; benchmarking our services for solid waste; ten principals of privatization; update on outsourcing, consolidation and privatization efforts; update on the outsourcing survey and RFP for business case evaluation; and next steps. The following topics pertaining to this item were discussed: the responses received for facility maintenance and mowing and reason for not recommending a business case analysis; the City of Carrollton's motto "better, cheaper, faster, friendlier"; whether the RFP will continue through the evaluation process and selection; saving potentials; the outcome of this process not guaranteeing privatization but a higher quality of service being delivered and departments undergoing a transformation and increasing their level of competitiveness; how the hours were determined for the analysis; the reasons staff accepted the hours for MIS analysis and the complexity of the department; background checks on the companies; concern with justifying the expenditure; and the possible rate of return. Director of MIS Michael Armstrong explained that the City's MIS Department is one of the best in the country and stated that Plante & Moran, PLLC has the expertise to evaluate the MIS operation. Director of Fleet Management Jim Davis spoke in support of Mercury Associates Inc. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, said he was glad that senior staff acknowledged their support for the recommendation and stated that the investment will be justified. City Secretary Chapa polled the Council for their votes as follows: 23.b. ORDINANCE NO. 028949 Ordinance appropriating $59,699 from the Maintenance Services Unreserved Fund Balance No. 5110 for consulting services to provide a business case analysis of the Fleet Maintenance Division of the General Services Department; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing expenditures by $59,699. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adler voting "No "; Kieschnick was absent. 23.c. MOTION NO. 2011 -041 Motion authorizing the City Manager or his designee to execute a service agreement with Mercury Associates, Inc., of Gaithersburg, Maryland, for an amount not to exceed $59,699, to provide a business case analysis of the Fleet Maintenance Division of the General Services Department. Funding is available in the Fleet Maintenance Operations budget for FY 2010 -2011. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adler voting "No "; Kieschnick was absent. -12- Minutes — Regular Council Meeting February 8, 2011 — Page 11 23.d. MOTION NO. 2011 -042 Motion authorizing the City Manager or his designee to execute a service agreement with Plante Moran, PLLC, of Southfield, Michigan, for an amount not to exceed $145,000, to provide a business case analysis of the Municipal Information Services Department. Funding is available in the Municipal Information Services Operations budget for FY 2010- 2011. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Marez, Martinez, Scott, and Strong, voting "Aye "; Adler and Leal voting "No "; Kieschnickwas absent. * * * * * * * * * * * ** Mayor Adame referred to Item 24 regarding a presentation on the FY2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including an overview; background; the immediate rate reduction options; project prioritization process; long -term rate reduction strategies; revised FY 2011 wastewater, water and storm water CIP recommendations; FY2011 wastewater, water, and storm water summary; and the capital improvement program recommendations. The following topics pertaining to this item were discussed: long term strategies including shared costs with the County for capital improvements and continued discussions for a drainage district; consideration of an administrator for the Bond programs and CIP; and use of the capital reserve fund; and the bond rating evaluation. Council Member Scott directed staff to provide the amount of the last three CIP's that were approved and the actual amounts expended. Mr. Scott also requested information on Bond 2008 including the impact on the utility rates and the information told to the voters regarding the impact. Mr. Scott reported that he did not intend to support staff's recommendations. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 6:00 p.m. on February 8, 2011. * * * * * * * * * * * * * 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 2/15/11 AGENDA ITEM: A. ORDINANCE : ORDINANCE APPROPRIATING AND APPROVING THE TRANSFER OF FUNDS IN THE AMOUNT OF $1,270,000 FROM THE UNRESERVED FUND BALANCE IN THE NO. 1020 GENERAL FUND FOR "ONE TIME' EXPENDITURES INTO THE CAPITAL OUTLAY BUDGET OF THE MAINTENANCE SERVICES FUND NO. 5110 FOR THE PURCHASE OF VEHICLES; CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 BY INCREASING APPROPRIATIONS BY $1,270,000 IN THE NO. 1020 GENERAL FUND, AND BY INCREASING BOTH ESTIMATED REVENUES AND APPROPRIATIONS IN THE NO. 5110 MAINTENANCE SERVICES FUND BY $1,270,000, EACH; AND DECLARING AN EMERGENCY. B. RECOMMENDATION: Motion approving the purchase of thirty-one (31) police package sedans from Champion Ford, Corpus Christi, Texas in accordance with Bid Invitation No. BI- 0066 -11, based on only bid for a total amount of $709,838. These units are replacements to the fleet and will be used by the Police Department, Uniform Division and Crime Control. Funding is available in the FY 2010 -2011 Capital Outlay Budget of the Fleet Maintenance Fund and the Crime Control District Budget. ISSUE: These thirty -one (31) vehicles will be used by the Police Department for day to day police patrol. Twenty -six are purchased for the Police Department Uniform Division and five are purchased for the Crime Control District. All units are replacements to the fleet. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Michael Barrera Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 BACKGROUND INFORMATION A. Ordinance On May 18, 2010, the City Council passed Resolution No. 028609 reaffirming certain financial policies which provide for maintenance of the General Fund Balance at an adequate level. The Resolution states it is the goal ofthe City Council to build and maintain a reserve in the General Fund balance which totals at least ten percent (10 %) of the total annual General Fund appropriations. The amount calculated to be ten percent (10 %) ofthe total annual General Fund appropriations will be designated as Reserve for Major Contingencies, and set up in a separate account. The Resolution also stated that the undesignated fund balance in excess of the ten percent policy requirement may be recommended for expenditures on one -time improvements, deferred maintenance, lifecycle replacement, and/or capital items with a priority on infrastructure and equipment, which will reduce the need for future debt or avoid future maintenance costs. On July 31, 2010 the amount available in the General Fund undesignated fund balance was $6,264,607. During the FY 2010 -2011 Budget process, staff proposed the following one -time expenditures be taken from the General Fund Unreserved Fund Balance. 26 police package sedans (x$27,500 as follows 26 sedans @ $22,898 26 equipment packages @ $3,586 (1) 10 police package 2 x 2 Tahoes (x7$29,205 as follows 10 Tahoes @ $25,619 10 equipment packages @ $3,586 no 2 police package 4 x 4 Tahoes (x$32,183 as follows 2 Tahoes @ $28,597 2 equipment packages @ $3,586 (1) Awarded 2/15/11 UpconiingAwards $595,348.00 (a) 10 replacement unmarked police vehicles @ $17,000 each 2 replacement crime scene vans (xi $27,500 each (1) equipment packages consist of sirens, light bars, paint decals, rear seat cages and bumpers $93,236.00 256,190.00 35,860.00 57,194.00 7,172.00 170,000.00 55,000.00 $674,652.00 (b) Grand Total Appropriated: $1,270,000 (a + b) Twenty -six sedans are recommended for award for a total cost of $595,348. Therefore, $595,348 of the $1,270,000 appropriated from the Unreserved Fund Balance will be spent at this time. The remaining funds appropriated, $674,652, will be awarded at a later date. Approximately $136,268 of the $674,652 will be awarded administratively for the purchase of sirens, light bars, paint decals, rear seat cages, and bumpers. The remaining funds appropriated, $538,384, will be used to purchase the Tahoes, unmarked police vehicles and crime scene vans. B. Award: These thirty -one (31) vehicles will be used by the Police Department for day to day police patrol. Twenty -six are purchased as described above for the Uniform Division at $595,348 and five are purchased for the Crime Control District at $114,490; for a total amount of$709,838. Funding for the purchase of the five Crime Control District vehicles has been appropriated in the FY 2010/2011 operations budget. All units are replacements to the fleet. The City has approximately 150 marked police patrol units in the fleet. Annually, 42 units are replaced due to normal wear and tear and /or damage from accidents. The expected life ofa marked police unit is 105,000 miles or 3 years. All units recommended for replacement have reached their expected life span for service. In December 2010 the City issued a bid invitation, which was published in the Corpus Christi Caller -Times and issued to thirty potential bidders. The City received an only bid from Champion Ford, Corpus Christi, Texas for the police package sedans. Price Comparison: The City purchased forty -one (41) police patrol sedans last year fora unit price of$22,898. The current price is $22,898. Future Council Action The following items will be presented to Council for award at a later date: 10 Tahoes @ $25,619 2 Tahoes @ $28,597 10 replacement unmarked police vehicles @ $17,000 each 2 replacement crime scene vans @ $27,500 each $256,190.00 57,1 94.00 170,000.00 55,000.00 Total: $538,384.00 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: FEBRUARY 15, 2011 ITEM DESCRIPTION QTY. UNIT BID TABULATION BI- 0066 -11 Champion Ford Corpus Christi, Texas 1. Police Package Sedans in accordance with Specification No. 1016. Color - White. - Uniform Division 2. Police Package Sedans in accordance with Specification No. 1016. Color - White. - Crime Control 26 5 Each Each Unit Extended Price Price $22,898.00 $595,348.00 $22,898.00 $114,490.00 $709,838.00 Page 1 of 2 ORDINANCE APPROPRIATING AND APPROVING THE TRANSFER OF FUNDS IN THE AMOUNT OF $1,270,000 FROM THE UNRESERVED FUND BALANCE IN THE NO. 1020 GENERAL FUND FOR "ONE- TIME" EXPENDITURES INTO THE CAPITAL OUTLAY BUDGET OF THE MAINTENANCE SERVICES FUND NO. 5110 FOR THE PURCHASE OF VEHICLES; CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 BY INCREASING APPROPRIATIONS BY $1,270,000 IN THE NO. 1020 GENERAL FUND, AND BY INCREASING BOTH ESTIMATED REVENUES AND APPROPRIATIONS IN THE NO. 5110 MAINTENANCE SERVICES FUND BY $1,270,000 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE C ITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the amount. of $1,270,000 from the Unreserved Fund Balance in the No. 1020 General Fund is appropriated for "one- time" expenditures and transferred into the Capital Outlay Budget of the Maintenance Services Fund No. 5110 for the purchase of vehicles. SECTION 2. That the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 is changed by increasing appropriations by $1,270,000 in the No. 1020 General Fund, and by increasing both Estimated Revenues and Appropriations in the No. 5110 Maintenance Services Fund by $1,270,000 each. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of February, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: February 3 , 2011 L. Brian Narvaez Assistant City Attorney For City Attorney Page 2 of 2 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott Linda Strong 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February, 15, 2011 AGENDA ITEM: A. Resolution authorizing the City Manager or designee to accept a $64,697.68 grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY 2011 Senior Community Services, Elderly Nutrition Program. B. Ordinance appropriating a $64,697.68 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2011 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. ISSUE: The Senior Community Services Division seeks additional grant opportunities to enhance program operations. The Texans Feeding Texans Program grant is made available through the Texas Department of Agriculture to supplement the Senior Community Services, Elderly Nutrition Program. The fund authorization period is effective February 1, 2011 through January 31, 2012. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate grant funds from the Texas Department of Agriculture Texans Feeding Texans Program to supplement the Senior Community Services Elderly Nutrition Program. PREVIOUS COUNCIL ACTION: Council authorized FY 2010 funding from the Texas Department of Agriculture in March 30, 2010. FUNDING: The Texas Department of Agriculture is issuing a Texans Feeding Texans grant in the amount of $64,697.68 to supplement the City of Corpus Christi Senior Community Services Elderly Nutrition Program from February 1, 2011 through January 31, 2012. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Texas Department of Agriculture. Mic aeIMorris, Dir ctor Pars and Recreation Department MichaelMo@cctexas.com 361- 826 -3464 Attachments: Background Information Grant award letter and agreement Page 4 of 5 —25— BACKGROUND INFORMATION The City receives grant funding for the Senior Community Services Program through Federal and State grants that must be appropriated each year. Additional grant opportunities are also sought to expand program operations and fund special initiatives. This grant does not require any City match funding. The Texas Department of Agriculture Texans Feeding Texans Program provides state funding to directly supplement or extend meal services to homebound persons that are elderly or disabled. The Senior Community Services; Elderly Nutrition Program coordinates the home delivered meals operations to provide a fully prepared, well- balanced noon meal to senior center members and homebound and /or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. Funding for this program is contingent on an approved resolution through the county in which meals are served. The Nueces County Commissioners Court approved a resolution to authorize the City of Corpus Christi's application for FY2011 funding. The City of Corpus Christi's grant allocation was to be determined by census data for elderly living in Nueces County as included in the grant application submitted by Nueces County. The funding has decreased based on this census data. Last year's funding for this grant was $97,873. The Texans Feeding Texans Program allows for additional meal units for FY11 and support two staff positions dedicated to the Home Delivered Meal Program. Page 5 of 5 _28_ TEXAS DEPARTMENT OF AGRICULTURE TODD STAPLES COMMISSIONER December 27, 2010 Elsa Mut QZ Superintendent City of Corpus Christi, Senior Community Services Division P.O. Box 9277 Corpus Christi, TX 78469 Re: Texans Feeding Texans: Home- Delivered Meal Grant Program Agreement Application No, HDM -I 1 -696 Dear Elsa: The Texas Department of Agriculture (TDA) is pleased to inform you that your 2011 application to the Texans Feeding Texans: Home - Delivered Meal Grant Program has been conditionally approved and that we are able to offer City of Corpus Christi, Senior Community Services Division, serving meals in Nueces County, a grant of $64,697.68. Acceptance of this grant will be conditional on your completion and return of the enclosed Gant Agreement ( "Agreement "). Carefully review the Agreement to determine whether your agency can meet the conditions. The Agreement includes a budget form that must be completed and returned as well. The budget should. indicate how the organization intends to expend the 2011 grant funds. While we urge you to represent your budget as accurately as possible, there are mechanisms described in the agreement, Section IX, 9.5, to revise the budget during the grant year, if necessary. Grant funds must be used to directly supplement or extend existing meal services to homebound persons that are elderly and/or have a disability. Grant funds may not be used for the purchase of capital assets. This would include any equipment valued at $5,000 or more. In order for TDA to monitor the expenditure of grant funds, you will be required to provide Quarterly Grant Spending Reports. It is important to know that the Quarterly Reports will require you to detail how TDA grant funds are spent. Some organizations have chosen to keep separate accounts or fund records to simplify this reporting. Please sign and return the Agreementand.attachments, to our office by January 14, 2011. A copy of the fully executed Agreement will then be returned to you for your records, If TDA does not receive your signed Agreement by January 14, 2011, your grant will be forfeited. P.O. Box 12847 Austin, Texas 78711 (512) 463 -7476 Fax: (888) 223 -8861 www.TexasAgriculture.gov -27— The Agreement should be returned to one of the following addresses: Physical Address: Texas Department of Agriculture Home- Delivered Meal Grant Program 1700 N. Congress Avenue Austin, Texas 78701 Mailing Address: Texas Department of Agriculture Home - Delivered Meal Grant Program P. 4. Box 12847 Austin, Texas 78711 We look forward to working with you throughout the next year and assisting you in the generous and important work you do for your community. If you have any questions about the Texans Feeding Texans: Home - Delivered Meal Grant Program, or if TDA can be of assistance to you, please contact Ms. Lindsay Dickens, Grants Specialist, at (512) 463 -6695 or at Lindsay {Dickens rr,TexasAgriculture.gov. Sincere Karen L. Reichek Grants Coordinator KR/LD /ld Enclosure GRANT AGREEMENT Texas Department of Agriculture Home- Delivered Meal Grant Program 1. RECITALS 1.1 WHEREAS, Grantor has established the Home - Delivered Meal Grant Program ( "Program ") to distribute grant funds to eligible organizations that provide home - delivered meals to Homebound persons who are Elderly and /or have a Disability; and 12 WHEREAS; Grantee has applied for a grant from the Program and has met all requirements for receiving the Grant. 1.3 NOW, THEREFORE, in consideration of the mutual promises and consideration contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: II. DEFINITIONS 2.1 "Agreement" means this Grant Agreement and all attachments hereto. 2.2 "Department" means the Texas Department of Agriculture. 2.3 "Disability" means a physical, mental or developmental Impairment, temporarily or permanently limiting an individual's capacity to adequately perform one or more essential activities of daily living, which include, but are not limited to, personal and health care, moving around, communicating, and housekeeping. 2.4 "Elderly" means an individual who is 60 years of age or older. 2.5 "Grant" means the funds awarded to Grantee by Grantor, subject to the requirements of this Agreement, Texas Administrative Code Title 4, Part 1, Sections 1.950 et seq. and other Program requirements, in the amount of $64,697.68 to be used in Nueces County. 2.6 "Grantee" means City of Corpus Christi, Senior Community Services Division, P.O. Box 9277, Corpus Christi, TX 78469. 2.7 "Grantor" means the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. 2.8 "Grant Coordinator" means Grantor's representative responsible for coordinating the Program. 2.9 "Homebound" means a person who is unable to leave his or her residence without aid or assistance or whose ability to travel from his or her residence is substantially impaired. 2.10 "Program" means Grantor's Home - Delivered Meal Grant Program. 2.11 "Term of Agreement" is February 1, 2011 through January 31, 2012. III, GRANTOR AND GRANTEE OBLIGATIONS 3.1 Award by Grantor. Subject to the provisions of this Agreement and•Texas Administrative Code Title 4, Part 1, Sections 1.950 et seq., Grantor hereby awards to Grantee the Grant, which Grantee shall use only to supplement and extend existing services related directly to the delivery of meals to Homebound persons that are Elderly and /or have a Disability. 3.2 Performance by Grantee. Grantee shall use Grant in accordance with the terms of this Agreement and Texas Administrative Code Title 4, Part 1, Sections 1.950 et seq. Page 1 of 7 -29- APPLICANT NO. HDM -11 -696 3.3 Grantee's Menu and Substitution Procedure. Grantee shall have all menus and meal substitution procedures approved by a registered dietician on an annual basis. Grantee shall maintain documentation of such approval. 3.4 Grantee Meal Delivery and Temperature Standards and Procedures. Grantee shall maintain policies to ensure compliance with meal temperature standards and the Program's four -hour delivery requirement at each meal preparation location. Grantee shall also maintain records demonstrating compliance with Grantee's policies. If Grantee does not comply with meal temperature standards and the four -hour delivery requirement due to exceptional circumstances the Grantee should seek written waiver from Grantor as soon as practicable following the occurrence of the exceptional event or circumstances. If Grantee fails to comply with the Program's four -hour delivery requirement, Grantee will be required to implement corrective action, as determined by TDA, prior to applying for future funds. 15 Food Establishment Permits. Simultaneously with execution of this Agreement, Grantee must provide Grantor with a copy of Its food establishment permit, as Issued by the applicable governmental permitting authority, whether that authority is a municipality, county, public health district, or the Texas Department of State Health Services ( "DSHS "). 3.6 Exempt Grantee. If a grantee claims exemption from the requirement to obtain a food establishment permit, the grantee must provide all necessary documentation to establish entitlement to such exemption, in a form satisfactory to Grantor, Pursuant to 25 TAC §229.372(c) (relating to DSHS permit requirements), only a nonprofit organization is exempt from payment of a permit fee. A "nonprofit organization" is as a civic or fraternal organization, charity, lodge, association, proprietorship or corporation possessing a 501(c) exemption under the Internal Revenue Code; or a relictlous organization meeting the definition of "church" as defined b the internal Revenue Service. 3.7 Inspection of Exempt Grantees. If Grantor, In its sole discretion, determines that Grantee is exempt from the requirement to obtain a food establishment permit, Grantee must provide a current inspection report from a kitchen sanitation expert who Is approved by the department, that reflects Grantee is in full compliance with the Texas Food Establishment Rules ( "TFER ") . promulgated by DSHS. Such inspection report must have been issued and signed by the kitchen sanitation expert within the 12 month period preceding the date of the award of the Program Grant. 3.8 Failure to Obtain a Food Establishment Permit or Comply with TFER. If it Is determined that Grantee failed to obtain a required food establishment permit, or that Grantee failed to comply with TFER, Grantor, at its sole discretion, may exercise the remedies set forth in sections 6.1 and 7.1 of this Agreement, including, without limitation, termination of the Agreement and taking legal action to obtain full reimbursement of the Grant, IV. GRANTEE'S REPORTING REQUIREMENTS 4.1 Budget. Grantee shall provide atdetailed budget for the year, attached hereto as "Attachment A ", not to exceed $64,697.68 for the Term of the Agreement, signed by the Grantee, using the budget categories by which Grantee shall be submitting Quarterly Report information. 4.2 Quarterly Report. Grantee shall.provide to Grantor a quarterly report in a format prescribed by Grantor. The report must track the expenditure of Grant funds in sufficient detail to assure compliance with Program rules. Report due dates are as follows: • June 1, 2011 for the period February 1, 2011 — April 30, 2011. • September 1, 2011 for the period May 1, 2011 — July 31, 2011. • December 1, 2011 for the period August 1, 2011 — October 31, 2011. • March 1, 2012 for the period November 1, 2011 — January 31, 2012. Page 2 of 7 —30— APPLICANT NO. HDM -11 -696 4.3 Failure to Comply with Reporting Requirements. Failure of Grantee to comply with any of the reporting requirements in this Agreement may result in the withholding or revocation of a Grant, the refund of Grant funds disbursed, and/or Grantee's ineligibility for future Program funds. 4.4 Notice of Failure to Receive County Grant. Grantee shall promptly notify the Department of any failure to receive or reduction in the amount of the county grant funds required by Texas Administrative Code Title 4, Part 1, Section 1.953 as reported by Grantee in its application for funds under this Program. Failure of Grantee to receive, or reduction in the amount of county grant funds may result In the withholding or revocation of a Grant or require Grantee to refund Grant funds disbursed. 4.5 Eligible Meals. The Grant is based on the number of Eligible Meals served by City of Corpus Christi, Senior Community Services Division, Eligible Meals are calculated by subtracting the meals funded by the Texas Department of Aging and Disabilities and/or Area Agency on Aging, 143,1329, from the total number of meals as delivered by City of Corpus Christi, Senior Community Services Division in Nueces County between September 1, 2009 and August 31, 2010, 170,927. The Grant was calculated on the remaining number, or 27,098. meals. For purposes of this Grant, any meals that are not Eligible Meals are classified as Ineligible Meals, If an audit or review of the Grant reveals that Grantee has received Grant funds based on Ineligible Meals, Grantee will be required to reimburse Grantor the amount of the excess Grant funds received, on terms and conditions as may be set by Grantor. V. RECORDKEEPING, ACCESS, INSPECTIONS, AUDITS AND INVESTIGATIONS 5.1 Access by Grantor.and State Auditor's Office. During the Term of Agreement and for at least three years after termination of the Agreement, Grantee shall allow Grantor and/or the State Auditor's Office access to and the right to examine the premises, books, accounts, records, files and other papers or property belonging to or in use by Grantee and pertaining to this Agreement or the use of funds pursuant to this Agreement, in order to ascertain complete compliance with the provisions of this Agreement and with Program guidelines. Such records shall be maintained by Grantee at a location that is readily accessible to Grantor and /or the State Auditor's Office. Grantor further has the right to make a visual Inspection of any assets purchased with Grant funds. 5.2 Audits or Investigations by State Auditor's Office. Grantee understands that acceptance of Grant funds under this Agreement acts as acceptance of the authority of the Department, the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with such funds. Grantee further agrees to cooperate fully with the Department and the State Auditor's Office, or their successors, in the conduct of any audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit the funds received by Grantee Is included in any subcontract it awards. 5.3 Disallowance of Grant Funds. Grantee understands and agrees that Grantee shall be liable to the Department for any costs disallowed as a result of any audit, Investigation or review. VI. USE OF GRANT FUNDS 6.1 Allowable Expenditures. Allowable expenditures include, but are not limited to, food costs and related preparation and packaging expenses, gasoline, costs for obtaining any required food establishment permit from the applicable governmental entity or permitting authority, costs for obtaining an inspection report from a kitchen food sanitation expert, if applicable, and other operational costs, but shall not be used for the purchase of capital assets. Grant funds shall not be used for expenditures that are not made in compliance with any applicable State purchasing laws and regulations. Grantee shall not, under any circumstances, use grant funds for alcoholic beverages, entertainment or charitable or political contributions. If requested by Grantor, Grantee must be able to produce proof of payment (stamped paid invoices or receipts) of all allowable expenditures. Page 3 of 7 —31— APPLICANT NO. HDM•11 -696 6.2 Misuse of Grant Funds. Grantor may require a full or partial refund of the Grant It (a) Grant funds are misused, (b) Grants funds are used for Ineligible Meals; (c) Grant funds are used In an illegal manner, (d) Grant funds are used for non - allowable expenses, (e) Grantee violates the terms and conditions of this Agreement, or (f) Grantee made any misrepresentations to Grantor in obtaining this Grant. This provision is not exclusive of other grounds for withholding or recouping of funds or any other remedy, civil or criminal, which may be available to Grantor. 6.3 No Duplication of Services. Grant funds shall not be used to duplicate services provided to Grantee's clients. Grantee shall have a system In place to prevent the duplication of services to Grantee's clients. 6.4 ' Availability of State Funds. This Agreement is subject to the availability of state funds. If such funds become unavailable during the Term of Agreement and Grantor is unable to obtain sufficient funds, this Agreement shall be reduced or terminated. VII. TERM AND TERMINATION OF THE AGREEMENT 7.1 Term and Termination. Either party may terminate this Agreement before the end of the Term of Agreement, without cause, by delivering a written notice of termination to the other party. Early termination of this Agreement shall not relieve Grantee from the reporting requirements contained in sections 1V, V, and VI of this Agreement. 7.2 No Reimbursement Upon Termination. In the event of termination of this Agreement, Grantor shall make no further disbursement of Grant funds to Grantee beyond those already approved at the time of termination, and Grantee specifically waives all rights to any such funds. VIII. USE AND DISPOSITION OF PROPERTY 8.1 Use of Property. During the Term of Agreement, any property acquired with Grant funds shall . be used In accordance with this Agreement, to accomplish the purposes of the Program. 8.2 Records of Property. Grantee shall maintain appropriate records of goods or property purchased with Grant funds and shall develop a control system to ensure adequate safeguards to prevent loss, damage, or theft of such goods or property. IX. AGREEMENT MODIFICATIONS 9.1 Amending Agreement. Except as provided In paragraph 9.6 below, this Agreement embodies the entire agreement between the parties, and there are no covenants, agreements, representations, warranties or restrictions between the parties other than those specifically set forth herein. Except as provided in paragraph 9.2 below, no modification or amendment to this Agreement is valid unless in writing and signed by the parties. 9.2 Notification of Change in Grantee's Address. Grantee must notify Grantor in writing within 30 days If Grantee's address changes during the Term of Agreement. Failure to submit required notice may be grounds for termination, of this Agreement. 9.3 Grantor Request for Amendment. Grantor may amend this Agreement by submitting the requested change to Grantee's Agent in writing. Continued performance hereunder shall be deemed acceptance of such Amendment by Grantee. 9.4 Grantee Request for Amendment. Grantee may request an amendment to the Agreement by submitting the requested change, in writing, to the Grant Coordinator. All requests for an amendment to the Agreement must include a summary of Grantee's home - delivered meal services and a statement explaining the need for the change. 9.5 Budgetary Revisions. The Grantee may make a one time budget revision (not affecting the overall budget amount) without prior approval, during the program year, so long as the revision Page 4 of 7 APPLICANT NO. HDM -11 -696 -32- does not require an increase or decrease in any budget line item over 10% of the item's approved budget, and so long as the revision does not require any new (not previously approved) budget line items, All other budget revisions will require prior approval. The grantee shall request prior approval for a budget change by submitting a statement explaining the need for the change, specifying the amount, and identifying the expenditure categories affected by the change. 9.6 Changes Become Part of Agreement. Changes approved in accordance with this section IX become a part of this Agreement, superseding all Inconsistent provisions. X. GENERAL TERMS AND CONDITIONS 10.1 Delegation to Third - Party. Grantee is not relieved of Its duties and obligations imposed by this Agreement through delegation by Grantee to a third- party. 10.2 Agreement Binding. This Agreement shall be binding on and inure to the benefit of the parties and their officers, administrators, legal representatives, and successors except as otherwise expressly provided herein. Neither party may assign or transfer. this Agreement without the written consent of the .other party. The parties intend to be legally bound and have executed this Agreement as evidenced by their signatures on the date Indicated below. This Agreement Is not effective unless and until it has been signed by both parties. 10.3 No Creation of Debt. This Agreement shall not be construed as creating any debt on behalf of the State of Texas, and/or Grantor in violation of Section 49 Article III of the Texas Constitution. In compliance with .Section 6 Article VIII of the Texas Constitution, all obligations of the State of Texas or Grantor hereunder are subject to the availability of appropriations and authorization to pay by the Texas Legislature. 10.4 Delivery Methods. Unless specifically provided herein, any notice, tender, or delivery to be given hereunder by any party to another party must be affected by personal delivery in writing or by mailing the same by registered or certified mail, return receipt requested. All notices shall be addressed to the parties at the address stated in the Agreement unless a change of address has been given in the manner provided for in this paragraph. 10.5 Authorized Representative. Each person signing expressly represents that he or she is duly authorized to do so and to bind the party on whose behalf they are signing. All legal documents prepared for Grantee's signature must be executed by an individual with the authority to legally bind Grantee. 10.6 indemnification. Grantee shall indemnify and hold harmless Grantor, Its agents and employees, from any and all claims, demands, and causes of action arising from or related to Grantee's performance under this Agreement, Including reasonable attorneys' fees incurred In defending or settling any such claims. 10.7 No Employer Relationship. Grantee and Grantee's employees and agents have no employer - employee relationship with Grantor. 10.8 Representations and Warranties of Grantor and Grantee. Grantor and Grantee each represent and warrant that it has full right and authority to enter into this Agreement and to grant the other party the rights set forth In this Agreement and that all necessary approvals have been obtained. Each party represents and warrants that it is in good standing In all jurisdictions in which It is required to be so qualified for performance of this Agreement, and all necessary certifications, registrations, approvals and licenses have been obtained, and all necessary fees paid. 10.9 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. If any legal action is necessary to enforce this Agreement, or for any dispute arising out of the operations or actions contemplated herein, exclusive venue shall Ile in the District Courts of Travis County, Texas. Page 6of7 —33— APPLICANT NO. HOM -11 -696 10.10 Headings. Captions and headings of the sections or paragraphs of this Agreement are for convenience and reference only and shall not affect, modify or amplify the provisions of this Agreement, nor shall they be employed to interpret or aid in the construction of this Agreement. 10.11 Severability. If any part of this Agreement Is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining part shall remain in full force and effect, and the parties shall promptly negotiate to replace invalid or unenforceable portions that are essential parts of this Agreement. 10.12 Waiver. A waiver by Grantor of any provision hereunder shall not operate as a waiver of any other provision, or continuing waiver of the same provision in the future. 10.13 Construction of Agreement. Both parties hereby agree that they participated in the creation of this Agreement, and the terms hereof are a product of the negotiation between the parties. In the event there is a dispute regarding the meaning of any provision of this Agreement, no provision shall be construed in favor of or against any party's position on the grounds that said Party was the drafter of this Agreement. 10.14 Exhibits. .The following instruments are incorporated into this Agreement as attachments: Attachment A — Grant Budget Attachment B — W -9 Form • 10.15 Uniform Grant Management Standards (UGMS). In accordance with Texas Government Code §783.007, this Agreement shall comply in all respects with the Uniform Grant Management Standards (UGMS). In the case of any conflicts between UGMS and this Agreement, the UGMS shall control. XI. TEXAS PUBLIC INFORMATION ACT NOTICE 11.1 ALL INFORMATION PROVIDED BY GRANTEE PURSUANT TO THIS AGREEMENT IS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT, TEX. GOVT CODE. CHAPTER 552, AND MAY BE SUBJECT TO DISCLOSURE TO THE PUBLIC. By their signatures below, the parties do hereby agree to the terms of this Agreement. Texas Department of Agriculture Community Services Division P.O. Box 12847 Austin, Texas 78711 By: Drew DeBerry. Deputy Commissioner Date: City of Corpus Christi, Senior P.O. Box 9277 Corpus Christi, TX 78469 By: Michael Morris Director Date: Page 6 of 7 —34— APPLICANT NO. HDM -11 -696 ATTACHMENT A HOME DELIVERED MEAL GRANT BUDGET Name of grantee: City of Corpus Christi, Senior Community Services Division TDA Application No.: HDM -11 -696 County in which meals are provided: Nueces Total grant amount: $64,697.68 Please estimate, to the best of your ability, how TDA Grant funds -will be expended. e" _ att '1.--.11C •.R:� • • iciF� - G r-r!- .. ,N9 ': 'h iF N: " r 7: ' D� ep ii i• i nr AU Personnel Food /Meals Equipment Building Occupancy Transportation Office Supplies and Services Other: Please specify exactly • a. b. c d. Total Grant Amount • $64,697.68 During the Grant Year, Grantee must demonstrate that TDA grant funds were used to directly supplement or extend existing meal services to homebound persons that are elderly and /or have a disability. By signing, I certify that the information entered on this form is true and correct to the best of my knowledge. Signature: Date: Page 7 of 7 APPLICANT NO. HDM -11 -656 —35— TODD STAPLES, COMMISSIONER STATE AUDIT CERTIFICATION Y cet p that (initial the appropriate choice): The applicant agency currently expends combined state funding of $500,000 or more in a year and, therefore is required to submit an annual single audit by an independent auditor made in accordance with the Uniform Agreement Management Standards (UGMS). The applicant agency currently expends $500,000 or more in state funding in a year for only one state program and, therefore may elect to have a program specific audit conducted in accordance with UGMS. The applicant agency currently expends combined state funding of less than - $500,000 in a year and therefore is exempt from the Single Audit Act and cannot charge audit costs to a TDA agreement. Signature Date Page 1of2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A $64,697.68 GRANT AWARDED BY THE TEXAS DEPARTMENT OF AGRICULTURE TEXANS FEEDING TEXANS PROGRAM FOR THE FY 2011 SENIOR COMMUNITY SERVICES, ELDERLY NUTRITION PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to accept a Grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY 2011 Senior Community Services, Elderly Nutrition Program, and to execute all related documents. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: January IQ , 2011 Lisa Aguilar Assistant City Attorney For City Attorney H:1 LEG- DIMJeannielLisa\Ordinances- Resolutions \RES -auth- AcceptGrant- Texans FeedingTexans- 2011.docx —37— Page 2 of 2 Corpus Christi, Texas Day of , 2011. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:I LEG- DIRUeennielLisalOrdinances- Resolutions \RES - auth -Acce tGrant- Texans FeedingTexans- 2011.docx - 38- Page 1 of 2 ORDINANCE APPROPRIATING A $64,697.68 GRANT FROM THE TEXAS DEPARTMENT OF AGRICULTURE TEXANS FEEDING TEXANS PROGRAM IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE FY 2011 SENIOR COMMUNITY SERVICES, ELDERLY NUTRITION PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $64,697.68 grant from the Texas Department of Agriculture Texans Feeding Texans Program is appropriated in the No. 1067 Parks and Recreation grants fund for the FY 2011 Senior Community Services, Elderly Nutrition Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of February, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: January 18` , 2011 Lisa Aguilar 0 Assistant City Attorney For City Attorney KILEG -D IRV ea nnielLisalOrdinances- ResoIutionMORD- appropGrant- SrCommServ- Texansfeedi ngTexans- 2011.doc —39— Page 2 of 2 Corpus Christi, Texas day of , 2811. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott Linda Strong H: ILEG- DIRLleannielLisalOrdinances- ResolutionslORD- appropGra nt- SrCommServ- TexansfeedingTexans -20t 1.doc 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 15, 2011 AGENDA ITEM: Resolution authorizing the City Manager or his designee to submit a grant application to the Bureau of Reclamation in the amount of $55,000 for costs associated with implementing energy conservation measures at the raw water intake pump station and sampling pumps at O. N. Stevens Water Treatment Plant, with a city match of $55,000 and total project costs of $110,000. ISSUE: To solicit grant funds from the Bureau of Reclamation to support energy control systems. REQUIRED COUNCIL ACTION: Resolution PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Approval Gust o onzalez, P.E Direc • r of Water S= rvice gusta ogo@cctexas.com 361-826-1874 Attachments BACKGROUND INFORMATION The City of Corpus Christi contracted with HDR Consulting to develop a strategic implementation plan for energy efficient improvements to Water and Wastewater facilities. The plan identified several energy conservation measures (ECM) related to raw water intake pump station and sampling pumps at D. N. Stevens Water Treatment Plant. Evaluation of this pump station revealed an inefficient pumping performance. The plan recommends removing the eddy current drives from the raw water pump station No. 1 and replacing sample pumps at the water treatment plant. Running the river pumps at full speed without the eddy current drives will increase the station's efficiency. This resolution authorizes the City Manager or his designee to submit a grant to the Bureau of Reclamation in the amount of $55,000 for costs associated with removing the eddy drives and replacing the sample pumps, with a city match of $55,000 for a total project cost of $110,000. The estimated energy savings is approximately $195,500 per year which translates to a pay back period of 0.4 years. The Water Department is soliciting a grant from the Bureau of Reclamation as part of the Water and Energy Efficiency Grants for FY 2011 -12 for the removal of the eddy current drives at raw water pump station No. 1 and replacement of sample pumps at the water treatment plant. The Water Department will budget $55,000 in fiscal year 2011 -12 as part of the Water Fund 4010, 0. N. Stevens Water Treatment Plant. The Bureau of Reclamation application deadline is February 17, 2011. RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE BUREAU OF RECLAMATION IN THE AMOUNT OF $55,000 FOR COSTS ASSOCIATED WITH IMPLEMENTING ENERGY CONSERVATION MEASURES AT THE RAW WATER INTAKE PUMP STATION AND SAMPLING PUMPS AT 0. N. STEVENS WATER TREATMENT PLANT, WITH A CITY MATCH OF $55,000 IN THE NO. 4010 WATER FUND AND A TOTAL PROJECT COSTS OF $110,000 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application to the Bureau of Reclamation in the amount of $55,000 for costs associated with implementing energy conservation measures at the raw water intake pump station and sampling pumps at 0. N. Stevens Water Treatment Plant. The City match for this grant is $55,000 in the No. 4010 Water Fund, for a total project costs of $110,000. SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 9th day of February, 2011. R. J.a4 Reifying j' First Assistant City Attorney For City Attorney Bur Rec ONSWTP energy control grantres 02092011.DOC -45- Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Bur Rec ONSWTP energy control grantres 020920/1 —46— 2 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 15, 2011 AGENDA ITEM: Resolution authorizing the City Manager or his designee to submit a grant application to the Bureau of Reclamation in the amount of $48,750 for costs associated with energy monitoring systems for the Navigation Boulevard, South Staples and Sand Dollar Water Pump Stations, with a city match of $48,750 and total project costs of $97,500. ISSUE: To solicit grant funds from the Bureau of Reclamation to support energy monitoring systems at three water pump stations. REQUIRED COUNCIL ACTION: Resolution PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Approval Attachments dill _ai-a..,4. _alit'idire Gusta o Gonzalez, ".E. Direct. of Water S= ices gustavogo@cctexas.com 361-826-1874 BACKGROUND INFORMATION The City of Corpus Christi contracted with HDR Consulting to develop a strategic implementation plan for energy efficient improvements to Water and Wastewater facilities. The plan identified several energy conservation measures (ECM) related to Navigation Boulevard, Sand Dollar and South Staples Pump Stations. Evaluation of these pump stations revealed that inefficiencies of measuring the pump efficiency and performance of each pump station. The plan recommended energy conservation measures to install electrical monitoring stations to enable operators to track kWh/million gallons in real time. This resolution authorizes the City Manager or his designee to submit a grant to the Bureau of Reclamation in the amount of $48,750 for costs associated with energy monitoring systems for the three pump stations, with a city match of $48,750 for a total project cost of $97,500. The estimated energy savings is approximately $71,200 per year which translates to a pay back period of 1.37 years. The Water Department is soliciting a grant from the Bureau of Reclamation as part of the Water and Energy Efficiency Grants for FY 2011. Grant funds are being made available to water utility purveyors whose territory is covered by the Reclamation Act of June 17, 1902, including Texas. The City must provide 50 percent cash match or in -kind contribution as part of the application. The Water Department will budget $48,750 in fiscal year 201 1 -12 as part of the Water Fund 4010, 0. N. Stevens Water Treatment Plant. The application deadline is February 17, 2011. RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE BUREAU OF RECLAMATION IN THE AMOUNT OF $48,750 FOR COSTS ASSOCIATED WITH ENERGY MONITORING SYSTEMS AT THE NAVIGATION BOULEVARD, SOUTH STAPLES, AND SAND DOLLAR WATER PUMP STATIONS, WITH A CITY MATCH OF $48,750 IN THE NO. 4010 WATER FUND, AND A TOTAL PROJECT COSTS OF $97,500 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application to the Bureau of Reclamation in the amount of $48,750 for costs associated with energy monitoring systems at the Navigation Boulevard, South Staples, and Sand Dollar Water Pump Stations. The City match for this grant is $48,750 in the No. 4010 Water Fund, for a total project costs of $97,500. SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 9th day of February, 2011. '7 R. JReining First Assistant City Attorney For City Attorney Bur Rec Water pump stations energy monitoring control grantres 02092011 —51— Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Bur Rec Water pump stations energy monitoring control grantres 02092011 —52— 2 6 _AGENDA ITEM: A. Ordinance authorizing the City Manager, or his designee, to execute four -year lease agreement with Corpus Christi Police Athletic League for the use of T.C. Ayers Field located at 1722 Winnebago, Ben Garza Field located at 1815 Howard, and Sublease Driscoll Field located at 4235 Baldwin for Baseball Program; and declaring an emergency. B. Ordinance authorizing the City Manager, or his designee, to execute five -year lease agreement with Southside Little Miss Kickball League for the use of fields located at 4200 McArdle Road for Kickball Program; and declaring an emergency. C. Ordinance authorizing the City Manager, or his designee, to execute five -year lease agreement with Padre Youth Football League for the use of football fields located at Bill Witt Park located on Yorktown Blvd. for Football Program; and declaring an emergency. D. Ordinance authorizing the City Manager, or his designee, to execute five -year lease agreement with National Little League of Corpus Christi for the use of baseball fields located at Paul Jones Youth Sports Complex for Baseball Program, and declaring an emergency. E. Ordinance authorizing the City Manager, or his designee, to execute five -year lease agreement with Oso Little Miss Kickball League for the use of kickball fields located at Paul Jones Youth Sports Complex for Kickball Program; and declaring an emergency. F. Ordinance authorizing the City Manager, or his designee, to execute five -year lease agreement with Oso Pony Baseball League for the use of baseball fields located at Paul Jones Youth Sports Complex for Baseball Program; and declaring an emergency. ISSUE: The prior leases with the Corpus Christi Police Athletic League ( CCPALS), Southside Little Miss Kickball League, Padre Youth Football League, National Little League of Corpus Christi, Oso Little Miss Kickball League and Oso Pony Baseball League have expired and the leagues wishes to continue their use of the facilities for their programs. The Parks and Recreation Department is standardizing all youth sports league leases for terms of five years, with the exception of the CCPALS lease, as current leases expire. The CCPALS lease agreement for the Driscoll Field at 4235 Baldwin will be executed for a four yearterm due the City's lease agreement with the Driscoll Foundation which expires on November 21, 2015. There are 18 total lease agreements with youth and/or adult athletic leagues. The six leases above have reached their respective expiration dates and are being renewed. Additional leases will be renewed later this year and in future years as the lease terms expire. REQUIRED COUNCIL ACTION: City Council must approve all leases of city facilities. PREVIOUS COUNCIL ACTION: City Council approved the previous lease with the Corpus Christi Police Athletic League on August 23, 2005. City Council approved the previous lease with the Southside Little Miss Kickball League on February 10, 2009. City Council approved the previous lease with the Padre Youth Football League on February 10, 2009. City Council approved the previous lease with the National Little League of Corpus Christi on March 25, 1997. City Council approved the previous lease with the Oso Little Miss Kickball on June 17, 1997. City Council approved the previous lease with the Oso Pony Baseball League on June 27, 1995. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approve execution of the leases as presented. CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 15, 2011 Mic ael Morris Director of Parks and Recreation Michaelmo @cctexas.com (361) 826 -3461 Attachments: Background Exhibit A — Lease Agreements5kith Maps of Facility (6) BACKGROUND INFORMATION The Corpus Christi Parks and Recreation Department is standardizing all youth sports league leases. There are 18 total lease agreements with youth and/or adult athletic leagues. The six leases presented herein have reached their respective expiration dates and are being renewed. Additional leases will be renewed later this year and in future years as the lease terms expire. The lease agreements include standards for maintaining the fields and associated amenities, a semi - annual inspections of facilities, background check and sportsmanship requirements, and other requirements for submitting documentation (list of board members, by -laws, etc). The Corpus Christi Police Athletic League (CCPALs) has used the T.C. Ayers Field located at 1722 Winnebago and Ben Garza Field located at 1815 Howard since August 23, 2005 and Driscoll Field located at 4235 Baldwin since May 1, 2010. The league's previous lease agreement expired on August 23, 2010. Throughout the lease term, the league remained in good standing and maintained the fields according to the standards required in the lease agreement. The property to be leased includes: two baseball fields at Ben Garza Park, one baseball field with Lights and Bleachers at TC Ayers Park, two fields, Lights, Bleachers, Parking area, Concession area, Scoreboard and score box at Driscoll Field. The City of Corpus Christi leases Driscoll Field from the Driscoll Foundation; the current lease expires on November 21, 2015. The Southside Little Miss Kickball League has used the Jerry Smith Fields located at 4200 McArdle Road since August 16, 1972. The league's previous lease agreement expired on January 31, 2011. Throughout the lease term, the league remained in good standing and maintained the fields according to the standards required in the lease agreement. The property to be leased includes: four fields with Lights, Bleacher, Scoreboard, Concession area, Restrooms, Parking area, Score boxes. The Padre Youth Football League has used the football fields locate at Bill Witt Park since October 20, 1998. The league's previous lease agreement expired on January, 31 2011. Throughout the lease term, the league remained in good standing and maintained the fields according to the standards required in the lease agreement. The property to be leased includes: two regular size football fields with Lights, Parking area one set of Bleachers. The National Little League of Corpus Christi has used the baseball fields at South Guth Park since November 7, 1972. This year the league will be moving to the new Paul Jones Sports Complex. The league's previous lease agreement expired on October, 14, 2010. Throughout the lease term, the league remained in good standing and maintained the fields according to the standards required in the lease agreement. The property to be leased includes: three Fields, Storage Building, Batting Cage, Concession area with conference room, Parking area, Lights, Bleachers, Irrigation systems, Restrooms. The Oso Little Miss Kickball League has used the kickball fields at South Guth Park since November 7, 1972. This year the league will be moving to the new Paul Jones Sports Complex. The league's previous lease agreement expired on October 14, 2010. Throughout the lease term, the league remained in good standing and maintained the fields according to the standards required in the lease agreement. The property to be leased includes: four Fields with Lights, Bleachers, Irrigation System, Storage area, Concession area with conference room, Parking area, Restrooms. The Oso Pony Baseball League has used the baseball fields at South Guth Park since July 22, 1979. This year the league will be moving to the new Paul Jones Sports Complex. The league's previous lease agreement expired on October 14, 2010. Throughout the lease term, the league remained in good standing and maintained the fields according to the standards required in the lease agreement. The property to be leased includes: five Fields with Lights, Bleachers, Irrigation System, Storage area, Batting Cage, Concession area with conference room, Parking area, Restrooms. -56- Page 1 of 1 ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE FOUR-YEAR LEASE AGREEMENT WITH CORPUS CHRISTI POLICE ATHLETIC LEAGUE FOR THE USE OF T.C. AYERS FIELD LOCATED AT 1722 WINNEBAGO, BEN GARZA FIELD LOCATED AT 1815 HOWARD, AND SUBLEASE OF DRISCOLL FIELD LOCATED AT 4235 BALDWIN, FOR BASEBALL PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT SECTION 1. The City Manager or his designee is authorized to execute a four -year Lease Agreement with Corpus Christi Police Athletic League, a non - profit organization, for the use of T. C. Ayers field located at 1722 Winnebago, Ben Garza Field located at 1815 Howard, and sublease of Driscoll Field located at 4235 Baldwin, for its baseball program. A copy of the lease is on file with the City Secretary, SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite . intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: January 18, 2011 By: c Lisa Aguilar, A stant City Attorney For City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI POLICE ATHLETIC LEAGUE This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly authorized City Manager or designee ( "City Manager "), and Corpus Christi Police Athletic League, Inc. ( "Lessee "), a Texas nonprofit corporation, acting through its duly authorized President of Lessee. WHEREAS, the City owns T. C. Ayers Park, and Ben Garza Park , and leases Clara Driscoll Field, all as described on the attached Exhibit A, which said property is located in Corpus Christi, Nueces County, Texas, a portion of which will be known as the "Premises "; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of City Council approval, ( "Effective Date ") which is , unless sooner terminated as set out herein. Upon Effective Date, this lease terminates the prior leases between the parties for use of said Premises. Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ( "Director "). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "Improvements ") including, without limitation, the fields, fences, irrigation systems, and the grassed areas. The parties acknowledge that although this instrument is characterized as "lease ", it is clear that the City's interest in the Premises for Driscoll Field is a leasehold estate which the City acquired as lessee under a Master Lease with the Driscoll Foundation, a copy of which has been provided to Lessee. Thus, with respect to Premises for the Driscoll Field, this lease is actually a sublease from the City to Lessee. Lessee agrees to comply with all terms of the Master Lease which is incorporated by reference as if fully set out herein. Section 4. Consideration. Lessee must operate the program described on Exhibit A and must maintain the Premises and all Improvements on a year -round basis in 1 _5g_ accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. (B) Lessee shall keep fully operational and in good repair the fields, and irrigation systems, if any are present or installed on the Premises. (C) Lessee must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. (D) Lessee shall ensure that parking is confined to on- street parking only, or designated parking Tots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. (E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be responsible for maintaining the fields as set out in herein below. Furthermore, Lessee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches; (F) Lessee shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Lessee must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre-season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; (G) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Lessee must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty -eight (48) hours after the need for repair is or should have been discovered; Lessee shall not allow use of the Premises until the anchoring system is repaired; (H) Lessee is responsible for proper installation and use of all equipment and improvements at Premises; (I) Lessee must maintain First Aid kit on Premises; (J) Lessee shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. Section 5. Compliance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. 2 —60— Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. Section 8. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Section 9. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and /or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and /or any Improvements from installing, maintaining, repairing, or removing the utility lines and /or easements. City must use reasonable judgment in locating the utility lines and /or easements to minimize damage to the Premises and /or its Improvements. Section 12. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, 3 _6y_ excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. Section 14. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Section 15. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 16. Advertising. The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non - Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take s uch action as the United States may direct to enforce this non - discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, 4 —62— regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 20. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant to fully indemnify, save, and hold harmless the City, and the Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation and their officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, 5 -63- but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by lndemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without —64— 6 penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) in addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty (30) days written notice to the non- terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 25. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469 -9277 Name and address on Exhibit A Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors, and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify 7 -65- Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. Section 28. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against •nor will be compensated by the City for loss of use of the Premises and /or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. 8 —66— (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 31. Force Maieure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 32. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 826 -3461 and talk to the Parks Director, or designee. Section 36. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly 9 —67— revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2011. ATTEST: Armando Chapa, City Secretary Approved as to legal form: z' 2-C, 'z-0 I By: Lisa Aguilar, Astant City Attorney for the City Attorney CITY OF CORPUS CHRISTI 'Angel R. Escobar, City Manager LESSE• or By: �. <.. ident hr : Police letic League Printed Name: ds2f2� Date: / -5o _ l/ STATE OF TEXAS COUNTY OF NUECES T is inst uripnt was acknowledged before me on e 1` zd , 2011, by WVIA. IUlv,nr�. President of Corpus twist' Police Athletic League, a Texas non- profit corporation, on behalf of said organi =ti hP Notary Public, t -te f Te s Printed name: 54. h&j �,, Commission expires: 01- 11- 13 -68- M. ISABEL HUEATA Notary Public STATE OF TEXAS My Camm. Exp. 07- 17.2013 10 EXHIBIT A Property Description: Lease of field located at TC Ayers Park, 1722 Winnebago Lease of field located at Ben Garza, 1815 Howard Sublease of Clara Driscoll Field located at 4235 Baldwin Term: Four Years from date of final City Council approval Program to be operated by Lessee: Youth baseball Notice Address for Lessee: Corpus Christi Police Athletic League Attn: President P. 0. Bo 9572 Corpus Christi, Texas 78469 -69- 11 CORPUS CHRISTI POLICE ATHLETIC LEAQUL . Exhibit 6--1 1 . LEGEND ►1aI2G)1PSgW►n umlielWaigelfla 0119XC F$. W, AINek Leepue Us41C ass TCASns doa LEGEND rria CORPUS CHRISTI POLICE ATHLETIC LEAGUE ••••••••••=m* .• • w..r -rawer • Moor a • r J ...,.r..,.w,.. r,,,._..INb ., t • Exhibit • ma• l• w ITINIriww•s r 011.0414, BEN GARZA PARK CORPUS CHRISTI PARK & RECREATION - ` .I-10,4=D 7 E y Exhibit r y 96L 4-- • 4 MlaISM • Y + .4 z ti • let • a a L Stare hite 004 .Gb .sta --- AGUES tS)RE£Y -2 R. i suwo i C �1 -7 2 EXHIBIT C INSURANCE REQUIREMENTS 1. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 7. Personal Injury $1,000,000 COMBINED SINGLE LIMIT C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. 11. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation on all applicable policies. * The name of the facility being leased must be listed under "Description of Operations ". At a minimum, a 30 -day written notice of termination, non renewal, material change or cancellation is required. 2011 Sport Fields leases insurance requirements 1 -17 -11 ep Risk Management END SITE: EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease INSPECTOR: ADDRESS: Date of Inspection: League President Signature League President Printed Name: All Leagues must complete this self - inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year of the lease. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the League will be assessed a fee of $250.00 per site for each inspection the City performs. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [ ] [ ] 1. The soil is too loose to provide good running traction. [1 [ ] 2. The soil surface is not loose enough around sliding zones for safe sliding. [ ] [ ] 3. The soil is too abrasive for safe sliding. [ ] [ ] 4. The soil is too compacted to provide good drainage. [1(1 5. Running paths and sliding zones near bases have become worn and need to be leveled off. [ ] [ ] 6. Batter's box and home plate areas have become worn and need to be reconditioned. [3 [ ] 7. Pitcher's mound has become worn and needs to be reconditioned. [ ] [ ] 8. The skinned area has low spots, holes, or is not level and should be dragged /re- graded. [ ] [ ] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. [ 1 [ ] 10. The skinned area has unsafe wet spots and/or puddles. —74— 14 [ ] [ ] 11. When moist, the skinned area is too sticky and adheres to shoes. [ ] [ ] 12. Coach's box is not level with surrounding area. [ ] [ ] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [ ] [ ] 1. The mound does not conform to league requirements. [ ] [ ] 2. Platform area behind the rubber is not large enough. [ ] [ ] 3. "Push off' and "landing" areas are not constructed with specialized clay. [ ] [ ] 4. "Push -off' and "landing" areas are dished out and need repair. [1 [ ] 5. There is a hazardous soil buildup (Hp) between the mound and the infield grass. COMMENTS PLAYING SURFACE: Yes No [ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field,. [ ] [ ] 2. Litter and unsafe debris is scattered around the field and player /spectator areas. [ ] [ ] 3. The supply and location of waste cans is inadequate. [ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [ ] [ ] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [1 [ ] 6. Our facility does not comply with industry recommended field design 15 —75— specifications. COMMENTS BASES AND ANCHORING: Yes No [ 1 [ ] 1. The base coverings have unsafe rips or gouges. [ ] [ ] 2. The base framework or hardware is loose or damaged. [1 [ ] 3. The base ground stake is unsafely protruding above the surface grade. [} [ ] 4. The base ground stake is out of alignment or not level with the surface. [][] 5. The base ground stake is not firmly secured in its concrete footing. []E ] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. [1 [ ] 7. The bases do not seat properly with the ground elevation or they are seated loosely. [1 [ ] 8. The concrete footings have rounded edges and may twist out of place in the ground. [1 [ 1 9. The surface of home plate is not level with the surrounding surface. [ ] [ ] 10. The surface of home plate is worn or irregular. [ ] [ ] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [ ] [ ] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS Yes No [ ] [ ] 1. The signs are in good condition and properly installed. COMMENTS 16 _76- FENCING Yes No [ ] [ ] 1. Fence posts are loose or improperly set in the ground. [ 1 [ ] 2. Fence posts are on the inside of the playing area fence. [ ] [ ] 3. Concrete footings are exposed above ground. [ ] [ ] 4. Fencing is not securely attached to the fence posts with loose or broken ties. [ ] [ ] 5. There are unsafe gaps under fencing. [ ] [ ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [ ] [ ] 8. Wire ends of chain link fencing are exposed along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ ] [ ] 10. Gates are left open during games. [ ] [ ] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [ ] [ ] 12. Backstop does not meet industry recommended specifications. [ ] [ ] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No [ 1 [ ] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [1 [1 [H] 2. The surface is uneven because of soil grade. 3. Soil is too wet or drains poorly making an unsafe running surface. [ ] [ ] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ ] [ ] 5. Turf irrigation comes on during games. [ 1 [ ] 6. Turf is not stable and "blow- outs" frequently occur. [ ] [ ] 7.Weeds are present with thorns, bristles, or burrs. [ ] [ ] 8. Moles, gophers or other animals have caused mounds or holes. [][1 9. Hazardous ruts occur on the field from mowing equipment or trenching. [][] 10. Permanent materials used to mark foul lines (Le., white boards or fire hose) _77_ 17 are protruding from the surface. COMMENTS LIGHTING Yes No [ ] [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ ] 2. There are burned out lights. [ ] [ ] 3. The beam direction of the lights are out of adjustment. [ ] [ ] 4. The lighting grid pattern on the field is uneven or irregular. [ ] [ ] 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] [ ] 2. The guard rails are loose or missing. [ ] [ ] 3. The plank or railing end caps are loose or missing. [ ] [ ] 4. Wooden planks are worn out or splintered. [ ] [ ] 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ ] 1. Skinned foul lines have become rutted and need to be reconditioned. [ ] [ ] 2. The chalking material used is irritating to the eyes. [ ] [ ] 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. 18 _7g_ [ ] [ ] 4. There are no public telephones available for emergency situations. [ ] [ ] 5. Areas that are hazardous or under repair have not been blocked off or identified. [ ] [ ] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS 19 _79— Page 1 of 1 ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE FIVE -YEAR LEASE AGREEMENT WITH SOUTHSIDE LITTLE MISS KICKBALL LEAGUE FOR THE USE OF FIELDS LOCATED AT 4200 MCARDLE ROAD FOR KICKBALL PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT SECTION 1. The City Manager or his designee is authorized to execute a five -year Lease Agreement with Southside Little Miss Kickball League, a non - profit organization, for the use of fields located at 4200 McArdle Road for its kickball program. A copy of the lease is on file with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: February 9, 2011 By: Lisa Aguilar, As j taut City Attorney for the City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTHSIDE LITTLE MISS KICKBALL This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly authorized City Manager or designee ( "City Manager "), and Southside Little Miss Kickball ( "Lessee "), a Texas unincorporated nonprofit association, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibit A, which said property is located in Corpus Christi, Nueces County, Texas, a portion of which will be known as the "Premises "; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of City Council approval, ( "Effective Date ") which is , unless sooner terminated as set out herein. Upon Effective Date, this lease terminates the prior leases between the parties for use of said Premises. Section 2. Contact PersonlLease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ( "Director "). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "Improvements ") including, without limitation, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration. Lessee must operate the program described on Exhibit A and must maintain the Premises and all Improvements on a year -round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. 1 _82_ (B) Lessee shall keep fully operational and in good repair the fields, and irrigation systems, if any are present or installed on the Premises. (C) Lessee must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. (D) Lessee shall ensure that parking is confined to on- street parking only, or designated parking lots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. (E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be responsible for maintaining the fields as set out in herein below. Furthermore, Lessee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches; (F) Lessee shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Lessee must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre - season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; (G) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Lessee must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty -eight (48) hours after the need for repair is or should have been discovered; Lessee shall not allow use of the Premises until the anchoring system is repaired; (H) Lessee is responsible for proper installation and use of all equipment and improvements at Premises; (I) Lessee must maintain First Aid kit on Premises; (J) Lessee shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. Section 5. Compliance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board 2 —83— members and coaches associated with its sports program. Section 8. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Section 9. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and/or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and/or easements to minimize damage to the Premises and/or its Improvements. Section 12. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. 3 —84— (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. Section 14. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Section 15. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 16. Advertising. The Director has the right to prohibit any advertising by Lessee an Premises which impairs the reputation of the Premises or the City. Section 17. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non - Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non- discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. 4 -85- Section 20. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by indemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection 5 _g6_ with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. 6 -87- (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. if Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty (30) days written notice to the non - terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 25, Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469 -9277 Name and address on Exhibit A Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors, and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. 7 _g8_ Section 28. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 31. Force Majeure. No party to this Lease will be liable for failures or delays in 8 _g9_ performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 32. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 826 -3461 and talk to the Parks Director, or designee. Section 36. Former Landfill Site. Lessee acknowledges that the Premises overlies a closed solid waste landfill. There are restrictions on the use of this land pursuant to the Texas Health and Safety Code Chapter 361 and Title 30, Chapter 330, Subchapter T, Texas Administrative Code. In order to protect the clay cover which serves as a structural control to minimize potential future danger posed by the former landfill, the Lessee agrees to not penetrate the Premises to put in fences or for any other reason, without prior written approval from the City Director of Environmental Services. Section 37. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding 9 —90— within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved as to legal form: r%- 2-C, ?-0 i r By: te Lisa Aguilar sist,aet City Atte,ricy for the City Attorney `Angel R. Escobar, City Manager LESSEE: Southside Little Miss Kickball By: 1 /A._.'��.�' .1 Pres dent f Printed Name: Date: / -1' q --ll STATE OF TEXAS ' COUNTY OF NUECES d1 'inn e Gc� is instru ent was acknowledged before me on " 1- I'- 1/ , 2011, by w, President of Southside Little Miss Kickball, a Texas unincorporated nonprofit assoc ation, on behalf of said association. No lic, Statgq xasr Printed name: M. f A,I� 14td((irk Commission expires: ol- f"1- r3 M, ISABEL NUERTA 3 Notary public k, I p{ STATE OF TEXAS { M�EOFii�F My Comm. Exp. 117 -17 -2013 _91_ 10 EXHIBIT A Property Description: Kickball Field located at 4200 McArdle Road Term: Five years from date of final City Council approval Program to be operated by Lessee: Youth kickball program Notice Address for Lessee: Southside Little Miss Kickball Att : President _92_ 11 i . • - . ) Exhibit B SOUTHSIDE LITTLE MISS KICKBALL LEASE COMMERCIAL BUSINESS COMMERCIAL BUSINESS MCARDLE ROAD gg oa PRIVATE RESILIENCE LEGEND EXHIBIT C INSURANCE REQUIREMENTS 1. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation is required an all certificates Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 7. Personal Injury $1,000,000 COMBINED SINGLE LIMIT C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation on all applicable policies. * The name of the facility being leased must be listed under "Description of Operations ". * At a minimum, a 30 -day written notice of termination, non renewal, material change or cancellation is required. 2011 Sport Fields leases insurance requirements 1 -17 -11 ep Risk Management END EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease SITE: INSPECTOR: ADDRESS: Date of Inspection: League President Signature League President Printed Name: All Leagues must complete this self - inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year of the lease. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the League will be assessed a fee of $250.00 per site for each inspection the City performs. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [ ] [ ] 1. The soil is too loose to provide good running traction. [ ] [ ] 2. The soil surface is not loose enough around sliding zones for safe sliding. [ ] [ ] 3. The soil is too abrasive for safe sliding. [ ] [ ] 4. The soil is too compacted to provide good drainage. [ ] [ ] 5. Running paths and sliding zones near bases have become worn and need to be leveled off. [ ] [ ] 6. Batter's box and home plate areas have become worn and need to be reconditioned. [1 [ ] 7. Pitcher's mound has become worn and needs to be reconditioned. [ ] [ ] 8. The skinned area has low spots, holes, or is not level and should be dragged /re- graded. [ ] [ ] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. [J [ ] 10. The skinned area has unsafe wet spots and /or puddles. 14 —95— [ ] [ ] 11. When moist, the skinned area is too sticky and adheres to shoes. [ ] [ ] 12. Coach's box is not level with surrounding area. [ ] [ ] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [ ] [ ] 1. The mound does not conform to league requirements. 11] [ ] 2. Platform area behind the rubber is not large enough. [11] 3. "Push of and "landing" areas are not constructed with specialized clay. [ ] [ ] 4. "Push -off' and "landing" areas are dished out and need repair. [ ] [ ] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS PLAYING SURFACE: Yes No [][] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [ ] [ ] 2. Litter and unsafe debris is scattered around the field and player /spectator areas. [ ] [ ] 3. The supply and location of waste cans is inadequate. [ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions, [ ] [ ] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [1 [ ] 6. Our facility does not comply with industry recommended field design 15 _96_ specifications. COMMENTS BASES AND ANCHORING: Yes No [ ] [ ] 1. The base coverings have unsafe rips or gouges. [ ] [ ] 2. The base framework or hardware is loose or damaged. [ ] [ ] 3. The base ground stake is unsafely protruding above the surface grade. [ ] [ ] 4. The base ground stake is out of alignment or not level with the surface. [ ] [ ] 5. The base ground stake is not firmly secured in its concrete footing. [ ] [ ] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. [ ] [ ] 7. The bases do not seat properly with the ground elevation or they are seated loosely. [ ] [ ] 8. The concrete footings have rounded edges and may twist out of place in the ground. [ ] [ ] 9. The surface of home plate is not level with the surrounding surface. [ ] [ ] 10. The surface of home plate is worn or irregular. [ ] [ ] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [11] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS Yes No [ ] [ ] 1. The signs are in good condition and properly installed. COMMENTS 16 —97— FENCING Yes No [ ] [ ] 1. Fence posts are loose or improperly set in the ground. [ ] [ ] 2. Fence posts are on the inside of the playing area fence. [ ] [ ] 3. Concrete footings are exposed above ground. [ ] [ ] 4. Fencing is not securely attached to the fence posts with loose or broken ties. [ ] [ ] 5. There are unsafe gaps under fencing. [ ] [ ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [1 [ ] 8. Wire ends of chain Zink fencing are exposed along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ ] [ ] 10. Gates are left open during games. [ ] [ ] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [ ] [ ] 12. Backstop does not meet industry recommended specifications. [ ] [ ] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No [ ] [ ] 1. There are unsafe bare spots in turf with a hard soil surface exposed. • [ ] [ ] 2. The surface is uneven because of soil grade. [ ] [ ] 3. Soil is too wet or drains poorly making an unsafe running surface. [][1 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ ] [ ] 5. Turf irrigation comes on during games. [ ] [ ] 6. Turf is not stable and "blow -outs" frequently occur. [ ] [ ] 7.Weeds are present with thorns, bristles, or burrs. [J [ ] 8. Moles, gophers or other animals have caused mounds or holes. [][] 9. Hazardous ruts occur on the field from mowing equipment or trenching. [ ] [ ] 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) 17 -98- are protruding from the surface. COMMENTS LIGHTING Yes No [ ] [ l 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ ] 2. There are burned out lights. [ ] [ ] 3. The beam direction of the lights are out of adjustment. [ ] [ ] 4. The lighting grid pattern on the field is uneven or irregular. [ ] [ ] 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] [ ] 2. The guard rails are loose or missing. [ ] [ ] 3. The plank or railing end caps are loose or missing. [ ] [ ] 4. Wooden planks are worn out or splintered. [ ] [ l 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ ] 1. Skinned foul lines have become rutted and need to be reconditioned. [ 1 [ ] 2. The chalking material used is irritating to the eyes. [ ] [ 1 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. 18 [ ] [ ] 4. There are no public telephones available for emergency situations. [ ] [ ] 5. Areas that are hazardous or under repair have not been blocked off or identified. [ ] [ ] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS 19 —100 — Page 1 of 2 ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE FIVE -YEAR LEASE AGREEMENT WITH PADRE YOUTH FOOTBALL LEAGUE FOR THE USE OF FOOTBALL FIELDS LOCATED AT BILL WITT PARK LOCATED ON YORKTOWN BLVD. FOR FOOTBALL PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT SECTION 1. The City Manager or his designee is authorized to execute a five -year Lease Agreement with Padre Youth Football for use of football fields located at Bill Witt Park on Yorktown Blvd. for its football program. A copy of the lease is on file with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2011. ATTEST: Armando Chapa City Secretary Approved: January 18, 2011 By: Lisa Aguilar, Assnt City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND PADRE YOUTH FOOTBALL LEAGUE This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly authorized City Manager or designee ( "City Manager "), and Padre Youth Football League ( "Lessee "), a Texas unincorporated nonprofit association, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibit A, which said property is located in Corpus Christi, Nueces County, Texas, a portion of which will be known as the "Premises "; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of City Council approval, ( "Effective Date ") which is , unless sooner terminated as set out herein. Upon Effective Date, this lease terminates the prior leases between the parties for use of said Premises. Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ( "Director "). Section 1 Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "Improvements ") including, without limitation, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration. Lessee must operate the program described on Exhibit A and must maintain the Premises and all Improvements on a year -round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. 1 —103— (B) Lessee shall keep fully operational and in good repair the fields, and irrigation systems, if any are present or installed on the Premises. (C) Lessee must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. (D) Lessee shall ensure that parking is confined to on- street parking only, or designated parking lots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. (E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be responsible for maintaining the fields as set out in herein below. Furthermore, Lessee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches; (F) Lessee shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Lessee must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre - season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; (G) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure anchoring system on all goal posts used on the fields at Premises, Lessee must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty -eight (48) hours after the need for repair is or should have been discovered; Lessee shall not allow use of the Premises until the anchoring system is repaired; (H) Lessee is responsible for proper installation and use of all equipment and improvements at Premises; (I) Lessee must maintain First Aid kit on Premises; (J) Lessee shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. Section 5. Compliance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board 2 -104- members and coaches associated with its sports program. Section 8. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Section 9. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and /or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and/or any Improvements from installing, maintaining, repairing, or removing the utility lines and /or easements. City must use reasonable judgment in locating the utility lines and /or easements to minimize damage to the Premises and /or its Improvements. Section 12. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. 3 —105— (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. Section 14. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Section 15. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 16. Advertising. The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non - Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non - discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. 4 -106- Section 20. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. I ndem n itv. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, lndemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by Indemnitees or any them of any iaw, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection 5 —107— with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. 6 —108— (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty (30) days written notice to the non - terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 25. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469 -9277 Name and address on Exhibit A Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors, and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's 7 —109— season. Section 28. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for Toss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenantor condition or of the breach of any covenantor condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. 8 —110— Section 31. Force Maieure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 32. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severabillty. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 826 -3461 and talk to the Parks Director, or designee. Section 36. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. 9 —111— EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary 'Angel R. Escobar, City Manager Approved as to legal form: " ZS, 2-011 By: Lisa Aguilar, Asiistant City Attorney for the City Attorney LESSEE: Padre Youth Football League By: President Printed Name: '1 e `( Date: STATE OF TEXAS COUNTY OF NUECES l - »•l- 1/ This instrument was acknowledged before me on moo■ n wa-r f Z \ , 2011, by fah r P� Sr,.e.1( , President of Padre Youth Football League, a Texas unincorporated nonprofit association, on behalf of said association. Notary Public, State of Texas Printed name: tier. m: Commission expires: 3 - -1 Z -112- 10 EXHIBIT A Property Description: Fields number 2, 3, 4, 5, 16 & 17 in Bill Witt Park Term: Five years from date of final City Council approval Program to be operated by Lessee: Pop Warner youth football Notice Address for Lessee: Padre Youth Football League Attn: Pr ‘50a Yf,kt wni givi, o-lfa COrpf 6brJ) '6 Vitlit 11 -113- EXHIBIT C INSURANCE REQUIREMENTS 1. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation is required on all certificates Bodily injury and Property Damage Per occurrence / aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 7. Personal Injury $1,000,000 COMBINED SINGLE LIMIT C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation on all applicable policies. • The name of the facility being leased must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of termination, non renewal, material change or cancellation is required. 2011 Sport Fields leases insurance requirements 1 -17 -11 ep Risk Management END -115- SITE: EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease INSPECTOR: ADDRESS: Date of Inspection: League President Signature League President Printed Name: All Leagues must complete this self - inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year of the lease. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the League will be assessed a fee of $250.00 per site for each inspection the City performs. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [fl] 1. The soil is too loose to provide good running traction. [ 1 [ ] 2. The soil surface is not loose enough around sliding zones for safe sliding. [1 [ 1 3. The soil is too abrasive for safe sliding. [ ] [ ] 4. The soil is too compacted to provide good drainage. [ ] [ ] 5. Running paths and sliding zones near bases have become worn and need to be leveled off. [ 1 [ 1 6. Batter's box and home plate areas have become worn and need to be reconditioned. [ ] [ ] 7. Pitchers mound has become worn and needs to be reconditioned. [ 1 [ 1 8. The skinned area has low spots, holes, or is not level and should be dragged /re- graded. [ ] [ ] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. [ ] [ ] 10. The skinned area has unsafe wet spots and /or puddles. —116— 14 [ ] [ ] 11. When moist, the skinned area is too sticky and adheres to shoes. [ ] [ ] 12. Coach's box is not level with surrounding area. [ ] [ ] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [ ] [ ] 1. The mound does not conform to league requirements. [ ] [ ] 2. Platform area behind the rubber is not large enough. [ ] [ ] 3. "Push off' and "landing" areas are not constructed with specialized clay. [ ] [ ] 4. "Push -off" and "landing" areas are dished out and need repair. [ ] [ ] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS PLAYING SURFACE: Yes No [ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [ ] [ ] 2. Litter and unsafe debris is scattered around the field and player /spectator areas. [ ] [ ] 3. The supply and location of waste cans is inadequate. [11] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [ ] [ ] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [ ] [ ] 6. Our facility does not comply with industry recommended field design 15 —1 1 7— specifications. COMMENTS BASES AND ANCHORING: Yes No [ ] [ ] 1. The base coverings have unsafe rips or gouges. [ ] [ ] 2. The base framework or hardware is loose or damaged. [ ] [ ] 3. The base ground stake is unsafely protruding above the surface grade. [} [ ] 4. The base ground stake is out of alignment or not level with the surface. [ ] [ ] 5. The base ground stake is not firmly secured in its concrete footing. [ ] [ ] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. [][J 7. The bases do not seat properly with the ground elevation or they are seated loosely. [ ] [ ] 8. The concrete footings have rounded edges and may twist out of place in the ground. [ ] [ ] 9. The surface of home plate is not level with the surrounding surface. [ ] [ ] 10. The surface of home plate is worn or irregular. [ ] [ ] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [ ] [ ] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS Yes No [ ] [ ] 1. The signs are in good condition and properly installed. COMMENTS 16 -1 1 8- FENCING Yes No [ ] [ ] 1. Fence posts are loose or improperly set in the ground. [ ] [ ] 2. Fence posts are on the inside of the playing area fence. [][] 3. Concrete footings are exposed above ground. [ ] [ ] 4. Fencing is not securely attached to the fence posts with loose or broken ties. [][] [][] 5. There are unsafe gaps under fencing. 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [ ] [ ] 8. Wire ends of chain link fencing are exposed along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ ] [ ] 10. Gates are left open during games. [ ] [ ] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [ ] [ ] 12. Backstop does not meet industry recommended specifications. [ ] [ ] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No [ ] [ ] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [][] [][] 2. The surface is uneven because of soil grade. 3. Soil is too wet or drains poorly making an unsafe running surface. [ ] [ ] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ ] [ ] 5. Turf irrigation comes on during games. [ ] [ ] 6. Turf is not stable and "blow- outs" frequently occur. [ ] [ ] 7.Weeds are present with thorns, bristles, or burrs. [ ] [ ] 8. Moles, gophers or other animals have caused mounds or holes. [11] 9. Hazardous ruts occur on the field from mowing equipment or trenching. 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) 17 —119— are protruding from the surface. COMMENTS LIGHTING Yes No [ ] [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [1 [ ] 2. There are burned out lights. [ ] [ ] 3. The beam direction of the lights are out of adjustment. [ ] [ ] 4. The lighting grid pattern on the field is uneven or irregular. [ ] [ ] 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] [ ] 2. The guard rails are loose or missing. [1(1 3. The plank or railing end caps are loose or missing. [ ] [ ] 4. Wooden planks are worn out or splintered. [1 [ ] 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ j 1. Skinned foul lines have become rutted and need to be reconditioned. [ ] [ ] 2. The chalking material used is irritating to the eyes. [][J 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. 18 —120— [ ] [ ] 4. There are no public telephones available for emergency situations. [ ] [ ] 5. Areas that are hazardous or under repair have not been blocked off or identified. [ ] [ ] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS 19 -121- Page 1 of 1 ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE FIVE -YEAR LEASE AGREEMENT WITH NATIONAL LITTLE LEAGUE OF CORPUS CHRISTI FOR THE USE OF BASEBALL FIELDS LOCATED AT PAUL JONES YOUTH SPORTS COMPLEX FOR BASEBALL PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT SECTION 1. The City Manager or his designee is authorized to execute a five -year Lease Agreement with National Little League of Corpus Christi for the use of baseball fields located at Paul Jones Youth Sports Complex for its baseball program. A copy of the lease is on file with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: February 9, 2011 By: Al lazre � Lisa Aguilar, A istant City Attorney for the City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: llwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND NATIONAL LITTLE LEAGUE OF CORPUS CHRISTI This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly authorized City Manager or designee ( "City Manager "), and National Little League of Corpus Christi ( "Lessee "), a Texas unincorporated nonprofit association, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibit A, which said property is located in Corpus Christi, Nueces County, Texas, a portion of which will be known as the "Premises "; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of City Council approval, ( "Effective Date ") which is , unless sooner terminated as set out herein. Upon Effective Date, this lease terminates the prior leases between the parties for use of said Premises. Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ( "Director "). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "Improvements ") including, without limitation, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration. Lessee must operate the program described on Exhibit A and must maintain the Premises and all Improvements on a year -round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. 1 -124- (B) Lessee shall keep fully operational and in good repair the fields, and irrigation systems, if any are present or installed on the Premises. (C) Lessee must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. (D) Lessee shall ensure that parking is confined to on- street parking only, or designated parking Tots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. (E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be responsible for maintaining the fields as set out in herein below. Furthermore, Lessee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches; (F) Lessee shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Lessee must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre-season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; (G) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Lessee must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty -eight (48) hours after the need for repair is or should have been discovered; Lessee shall not allow use of the Premises until the anchoring system is repaired; (H) Lessee is responsible for proper installation and use of all equipment and improvements at Premises; (I) Lessee must maintain First Aid kit on Premises; (J) Lessee shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. Section 5. Compliance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. 2 —125— Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. Section 8. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Section 9. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (8) City retains the right to use or cross the Premises with utility lines and /or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and /or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and /or easements to minimize damage to the Premises and/or its Improvements. Section 12. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will 3 —126— be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. Section 14. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Section 15. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 16. Advertising. The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non - Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non - discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of 4 —127— this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 20. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by Indemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all 5 —128— expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any 6 -129- Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty (30) days written notice to the non - terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 25. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469 -9277 Name and address on Exhibit A Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors, and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting. Lessee shall submit reports listing the number of youth and 7 —130 — teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. Section 28. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for Toss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of 8 -131- said rights or remedies or elect to terminate this Lease on account of said default. Section 31. Force Maieure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 32. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 826-3461 and talk to the Parks Director, or designee. Section 36. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance, rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. 9 —132— EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved as to legal form: 41`"- 2-5-/ 2,01 1 By: Aguilar, A istant City Attorney for the City Attorney STATE OF TEXAS `Angel R. Escobar, City Manager LESSEE: TIO LITTL LEAGUE OF CORPUS CHRISTI By: GG • Pre ent Printed Nap�e: ,io SE /% R. c Q A' A Date: /1 /9/2o // COUNTY OF NUECES T 's instrum nt was acknowledged before me on Q 1- 11- It , 2011, by ,nom-, President of National Little League of Corpus Christi, a Texas un co orat d nonprofit association, on behalf of said association. ,i5)01/0 tA4-14-- Notar' Pub lc, State ex as Printed name: �5 r LF l PIA yr Commission expires: 07- 11.13 "AJ LJl AAA A A A h A + RYrk \ M. !SASE! HUEATA 1%:4!;,., III Notary Public STATE g TEXAS ',ofi4±*y My Comm. Exp. 07 -17 -2013 t Se";. vvvv' 10 —133— EXHIBIT A Property Description: Three little league fields located next to Paul Jones Avenue. Term: 5 year term, beginning on date of final City Council approval Program to be operated by Lessee: Youth Baseball Notice Address for Lessee: National Little League of Corpus Christi Attn: President P. 0. Box 6222 Corpus Christi, Texas 78466 -6222 11 -134- \`��`�r�r �i'.� s!��:i�R�_.a'��.iiS'��Yiic�i��,l�_��se�r y.•% _.•.'�. '•r..�, . r.. a, .�r,, '� i• .air„ �rii,%,.a �R ;��a.i.._...a5_...w' L CITY OF CORPUS CHRISTI FIELD .ter:_ a..�,k. P _r� EXHIBIT C INSURANCE REQUIREMENTS 1. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 7. Personal Injury $1,000,000 COMBINED SINGLE LIMIT C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation on all applicable policies. The name of the facility being leased must be listed under "Description of Operations ". At a minimum, a 30 -day written notice of termination, non renewal, material change or cancellation is required. 2011 Sport Fields leases insurance requirements 1 -17 -11 ep Risk Management END —136— EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease SITE: INSPECTOR: ADDRESS: Date of Inspection: League President .Signature League President Printed Name: All Leagues must complete this self - inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year of the lease. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the League will be assessed a fee of $250.00 per site for each inspection the City performs. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [ ] [ ] 1. The soil is too loose to provide good running traction. [ ] [ ] 2. The soil surface is not loose enough around sliding zones for safe sliding. [ ] [ ] 3. The soil is too abrasive for safe sliding. [ ] [ ] 4. The soil is too compacted to provide good drainage. [ ] [ ] 5. Running paths and sliding zones near bases have become worn and need to be leveled off. [ ] [ ] 6. Batter's box and home plate areas have become worn and need to be reconditioned. [ ] [ ] 7. Pitcher's mound has become worn and needs to be reconditioned. [ ] [ ] 8. The skinned area has low spots, holes, or is not level and should be dragged /re- graded. [ ] [ ] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. [ 1 [ ] 10. The skinned area has unsafe wet spots and/or puddles. 14 -137- [ ] [ ] 11, When moist, the skinned area is too sticky and adheres to shoes. [1 [ ] 12. Coach's box is not level with surrounding area. [ ] [ ] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [ ] [ ] 1. The mound does not conform to league requirements. [ ] [ ] 2. Platform area behind the rubber is not large enough. [ ] [ ] 3. "Push off" and "landing" areas are not constructed with specialized clay. [ ] [ ] 4. "Push -off' and "landing" areas are dished out and need repair. [ ] [ ] 5. There is a hazardous soil buildup (Hp) between the mound and the infield grass. COMMENTS PLAYING SURFACE: Yes No [1 [ ] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [1 [ ] 2. Litter and unsafe debris is scattered around the field and player /spectator areas. [1 [ ] 3. The supply and location of waste cans is inadequate. [][1 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [ ] [ ] 5. There have been recurring accidents from players running into surrounding objects such as fencing, Tight posts, bleachers, etc. [ ] [ j 6. Our facility does not comply with industry recommended field design 15 —138— specifications. COMMENTS BASES AND ANCHORING: Yes No [ ] [ ] 1. The base coverings have unsafe rips or gouges. [ ] [ ] 2. The base framework or hardware is loose or damaged. [ ] [ ] 3. The base ground stake is unsafely protruding above the surface grade. [ ] [ ] 4. The base ground stake is out of alignment or not level with the surface. [ ] [ ] 5. The base ground stake is not firmly secured in its concrete footing. [ ] [ ] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. [ ] [ ] 7. The bases do not seat properly with the ground elevation or they are seated loosely. [ ] [ ] 8. The concrete footings have rounded edges and may twist out of place in the ground. [ ] [ ] 9. The surface of home plate is not level with the surrounding surface. [ ] [ ] 10. The surface of home plate is worn or irregular. [ ] [ ] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [ ] [ ] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS Yes No [ ] [ ] 1. The signs are in good condition and properly installed. COMMENTS 16 —139— FENCING Yes No [ ] [ ] 1. Fence posts are loose or improperly set in the ground. [1 [ 1 2. Fence posts are on the inside of the playing area fence. [ [ 1 3. Concrete footings are exposed above ground. [ ] [ ] 4. Fencing is not securely attached to the fence posts with loose or broken ties. [ ] [ ] 5. There are unsafe gaps under fencing. [1 [ 1 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [ ] [ ] 8. Wire ends of chain Zink fencing are exposed along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ 1 [ ] 10. Gates are left open during games. [ ] [ ] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [ ] [112. Backstop does not meet industry recommended specifications. [ ] [ ] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No [ ] [ ] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [ ] [ ] 2. The surface is uneven because of soil grade. [ 1 [ ] 3. Soil is too wet or drains poorly making an unsafe running surface. [ ] [ ] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ ] [ ] 5. Turf irrigation comes on during games. [ ] [ 1 6. Turf is not stable and "blow- outs" frequently occur. [ ] [ ] 7.Weeds are present with thorns, bristles, or burrs. [ ] [ 1 8. Moles, gophers or other animals have caused mounds or holes. CiE1 9. Hazardous ruts occur on the field from mowing equipment or trenching. Cl[1 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) —140— 17 are protruding from the surface. COMMENTS LIGHTING Yes No [} [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ ] 2. There are burned out lights. [ ] [ ] 3. The beam direction of the lights are out of adjustment. [ ] [ ] 4. The lighting grid pattern on the field is uneven or irregular. [1 [ ] 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [1 [ ] 2. The guard rails are loose or missing. [1 [ ] 3. The plank or railing end caps are loose or missing. [1 [ ] 4. Wooden planks are worn out or splintered. [ ] [ ] 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ ] 1. Skinned foul lines have become rutted and need to be reconditioned. [ ] [ ] 2. The chalking material used is irritating to the eyes. [ ] [ ] 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. 18 —141— [ ] [ ] 4. There are no public telephones available for emergency situations. [ ] [ ] 5. Areas that are hazardous or under repair have not been blocked off or identified. [ ] [ ] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS 19 —142— Page 1 of 1 ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE FIVE -YEAR LEASE AGREEMENT WITH OSO LITTLE MISS KICKBALL LEAGUE FOR THE USE OF KICKBALL FIELDS LOCATED AT PAUL JONES YOUTH SPORTS COMPLEX FOR KICKBALL PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT SECTION 1. The City Manager or his designee is authorized to execute a five -year Lease Agreement with Oso Little Miss Kickball League for the use of kickball fields located at Paul Jones Youth Sports Complex for its kickball program. A copy of the lease is on file with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: January 18, 2011 By: o°., Lisa Aguilar, A j1stant City Attorney For City Attorney Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND OSO LITTLE MISS KICKBALL This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly authorized City Manager or designee ("City Manager "), and Oso Little Miss Kickball, inc. ( "Lessee "), a Texas nonprofit corporation, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibit A, which said property is. located in Corpus Christi, Nueces County, Texas, a portion of which will be known as the "Premises "; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of City Council approval, ( "Effective Date ") which is , unless sooner terminated as set out herein. Upon Effective Date, this lease terminates the prior leases between the parties for use of said Premises. Section .2. Contact Person /Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ( "Director "). Section 3. Premises and improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "Improvements ") including, without limitation, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration. Lessee must operate the program described on Exhibit A and must maintain the Premises and all Improvements on a year -round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. (B) Lessee shall keep fully operational and in good repair the fields, and irrigation 1 -145- systems, if any are present or installed on the Premises. (C) Lessee must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. (D) Lessee shall ensure that parking is confined to on- street parking only, or designated parking lots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. (E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be responsible for maintaining the fields as set out in herein below. Furthermore, Lessee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches; (F) Lessee shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Lessee must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre - season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; (G) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Lessee must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty -eight (48) hours after the need for repair is or should have been discovered; Lessee shall not allow use of the Premises until the anchoring system is repaired; (H) Lessee is responsible for proper installation and use of all equipment and improvements at Premises; (I) Lessee must maintain First Aid kit on Premises; (J) Lessee shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. Section 5. Compliance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. 2 —146— Section 8. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Section 9. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and /or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and /or any Improvements from installing, maintaining, repairing, or removing the utility lines and /or easements. City must use reasonable judgment in locating the utility lines and /or easements to minimize damage to the Premises and /or its Improvements. Section 12. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. 3 —147— (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. Al! additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. Section 14. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Section 15. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (1 0) days written notice to Lessee. Section 16. Advertising. The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non - Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non - discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. 4 —148— Section 20. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. if the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, i ndem n itors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by Indemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. 5 -149- Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, Loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) 6 —150-- within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty (30) days written notice to the non - terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 25. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469 -9277 Name and address on Exhibit A Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors, and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. 7 -151- Section 28. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for Toss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 31. Force Majeure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any 8 -152- failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 32. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 826 -3461 and talk to the Parks Director, or designee. Section 36. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2011. 9 -153- ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved as to legal form: 2-C, It By: c°-� Lisa Aguilar, istant City Attorney for the City Attorney 'Angel R. Escobar, City Manager LESSEE: Oso Little Miss Kickball By: Y- --- President Printed Name: u 5S I \/1 e Date: STATE OF TEXAS } COUNTY OF NUECES his instrument was acknowledged before me on D 1 • Zd , 2011, by " IR- , President of Oso Little Miss Kickball, Inc., a Texas nonprofit corporation, on behalf of said corporation. A Notary Public, State of as Printed name: to Commission expires: /- 11- 13 a.A;24 , ; M. ISABEL HUERTA f. cn% t, : Notary Public yu � N:,.§:055",:". My Comm.EExxp. 07-17-2013 10 -154- EXHIBIT A Property Description: Four kickball fields located next to Paul Jones Avenue Term: 5 year term, beginning on date of final City Council approval. Program to be operated by Lessee: Youth Kickball Notice Address for Lessee: Oso Little Miss Kickball, Inc. Attn: President c/o Russell Ivey IVee, t2 Mail Center USA 3636 S. Alameda, Suite B Corpus Christi, Texas 78411 -155- 11 Exhibit e l 1r{33t{I�HHy���1af�Hg1 [i4yy��y41!j73fii ��pta� ,� F)fif5�i.ill �} Pitl,10 1 !�E II!iW11 !S N■ t JO r �{ qq �lj rs ir i - �r i iiiiifiliii 11 6fidii iii i1 �1(}dliti�� 1' VI _..1,1y9' - / VtJZ! l -1 S �! � � 1 ,i� hl V iffhiihdigtorilatiguralk • —156— PAUL JUNES AVE, EXHIBIT C INSURANCE REQUIREMENTS 1. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability . 5. Independent Contractors 7. Personal Injury $1,000,000 COMBINED SINGLE LIMIT C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation on all applicable policies. • The name of the facility being leased must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of termination, non renewal, material change or cancellation is required. 2011 Sport Fields leases insurance requirements 1 -17 -11 ep Risk Management END -157- SITE: EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease INSPECTOR: ADDRESS: Date of Inspection: League President Signature League President Printed Name: All Leagues must complete this self - inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year of the lease. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the League will be assessed a fee of $250.00 per site for each inspection the City performs. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [ ] [ ] 1. The soil is too loose to provide good running traction. [ ] [ ] 2. The soil surface is not loose enough around sliding zones for safe sliding. [ ] [ ] 3. The soil is too abrasive for safe sliding. [ ] [ ] 4. The soil is too compacted to provide good drainage. [ ] [ ] 5. Running paths and sliding zones near bases have become worn and need to be leveled off. [ ] [ ] 6. Batter's box and home plate areas have become worn and need to be reconditioned. [ ] [ ] 7. Pitcher's mound has become worn and needs to be reconditioned. [ ] [ ] 8. The skinned area has low spots, holes, or is not level and should be dragged /re- graded. [ ] [ ] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. [ ] [ ] 10. The skinned area has unsafe wet spots and/or puddles. -158- 14 [ ] [ ] 11. When moist, the skinned area is too sticky and adheres to shoes. [ ] [ ] 12. Coach's box is not level with surrounding area. [ l [ ] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [1 [ ] 1. The mound does not conform to league requirements. [ ] [ ] 2. Platform area behind the rubber is not large enough. [ ] [ ] 3. "Push off' and "landing" areas are not constructed with specialized clay. [ ] [ ] 4. "Push-off" and "landing" areas are dished out and need repair. [ ] [ ] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS PLAYING SURFACE: Yes No [ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [11] 2. Litter and unsafe debris is scattered around the field and player /spectator areas. [ l [ l 3. The supply and location of waste cans is inadequate. [ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [ ] [ ] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [ ] [ l 6. Our facility does not comply with industry recommended field design 15 —159— specifications. COMMENTS BASES AND ANCHORING: Yes No [ ] [ ] 1. The base coverings have unsafe rips or gouges. [ ] [ ] 2. The base framework or hardware is loose or damaged. [ ] [ ] 3. The base ground stake is unsafely protruding above the surface grade. [ ] [ ] 4. The base ground stake is out of alignment or not level with the surface. [ ] [ ] 5. The base ground stake is not firmly secured in its concrete footing. [ ] [ ] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. [ ] [ ] 7. The bases do not seat properly with the ground elevation or they are seated loosely. [ ] [ ] 8. The concrete footings have rounded edges and may twist out of place in the ground. [ ] [ ] 9. The surface of home plate is not level with the surrounding surface. [ ] [ ] 10. The surface of home plate is worn or irregular. [ ] [ ] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [ ] [ ] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS Yes No [ ] [ ] 1. The signs are in good condition and properly installed. COMMENTS 16 - 16 0- FENCING Yes No [1(1 1. Fence posts are loose or improperly set in the ground. [ ] [ ] 2. Fence posts are on the inside of the playing area fence. [ l [ ] 3. Concrete footings are exposed above ground. [11 ] 4. Fencing is not securely attached to the fence posts with loose or broken ties. [ ] [ ] 5. There are unsafe gaps under fencing. [ ] [ ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [1 [ ] 8. Wire ends of chain link fencing are exposed along the top. [ ] [ ] 9, There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ ] [ ] 10. Gates are left open during games. [ ] [ ] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [ ] [ ] 12. Backstop does not meet industry recommended specifications. [ ] [ ] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No [ ] [ ] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [l[] [][] 2. The surface is uneven because of soil grade. 3. Soil is too wet or drains poorly making an unsafe running surface. [ ] [ ] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ ] [ ] 5. Turf irrigation comes on during games. [ ] [ ] 6. Turf is not stable and "blow- outs" frequently occur. [1 [ ] 7.Weeds are present with thorns, bristles, or burrs. [ ] [ ] 8. Moles, gophers or other animals have caused mounds or holes. [][] 9. Hazardous ruts occur on the field from mowing equipment or trenching. 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) 17 are protruding from the surface. COMMENTS LIGHTING Yes No [ ] [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ ] 2. There are burned out lights. [ ] [ ] 3. The beam direction of the lights are out of adjustment. [ ] [ ] 4. The fighting grid pattern on the field is uneven or irregular. [ ] [ ] 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. 111 [ ] 2. The guard rails are loose or missing. [1 [ 3 3. The plank or railing end caps are loose or missing. [11] 4. Wooden planks are worn out or splintered. [ ] [ ] 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ ] 1. Skinned foul lines have become rutted and need to be reconditioned. [ ] [ ] 2. The chalking material used is irritating to the eyes. [][3 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. 18 -162- [ 1 [ 1 4. There are no public telephones available for emergency situations. [1 1 ] 5. Areas that are hazardous or under repair have not been blocked off or identified. [ ] [ 1 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS 19 —163— Page 1 of 1 ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE FIVE -YEAR LEASE AGREEMENT WITH OSO PONY BASEBALL LEAGUE FOR THE USE OF BASEBALL FIELDS LOCATED AT PAUL JONES YOUTH SPORTS COMPLEX FOR BASEBALL PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT SECTION 1. The City Manager or his designee is authorized to execute a five -year Lease Agreement with Oso Pony Baseball League for the use of baseball fields located at Paul Jones Youth Sports Complex for its baseball program. A copy of the lease is on file with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final Judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: January 18, 2011 By: Lisa Aguilar, istant City Attorney for the City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND OSO PONY BASEBALL LEAGUE This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly authorized City Manager or designee ( "City Manager "), and Oso Pony Baseball League ( "Lessee "), a Texas unincorporated nonprofit association, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibit A, which said property is located in Corpus Christi, Nueces County, Texas, a portion of which will be known as the "Premises "; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of City Council approval, ( "Effective Date ") which is , unless sooner terminated as set out herein. Upon Effective Date, this lease terminates the prior leases between the parties for use of said Premises. Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ( "Director "). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "Improvements ") including, without limitation, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration. Lessee must operate the program described on Exhibit A and must maintain the Premises and all Improvements on a year -round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. 1 —166— (B) Lessee shall keep fully operational and in good repair the fields, and irrigation systems, if any are present or installed on the Premises. (C) Lessee must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. (D) Lessee shall ensure that parking is confined to on- street parking only, or designated parking lots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. (E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be responsible for maintaining the fields as set out in herein below. Furthermore, Lessee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches; (F) Lessee shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Lessee must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre - season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; (G) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Lessee must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty -eight (48) hours after the need for repair is or should have been discovered; Lessee shall not allow use of the Premises until the anchoring system is repaired; (H) Lessee is responsible for proper installation and use of all equipment and improvements at Premises; (I) Lessee must maintain First Aid kit on Premises; (J) Lessee shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. Section 5. Compliance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and /or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board 2 —167— members and coaches associated with its sports program. Section 8. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Section 9. Securing/Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and /or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and/or easements to minimize damage to the Premises and /or its Improvements. Section 12. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. 3 - -168 -- (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. Section 14. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Section 15. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 16. Advertising. The Director has the right to prohibit any advertising by Lessee. on Premises which impairs the reputation of the Premises or the City. Section 17. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non - Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas.. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non - discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. 4 —169— Section 20. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its improvements during Lessee's use or physical occupation of the Premises; or (4) due to any . of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by Indemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection 5 —170— with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. 6 —171— (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty (30) days written notice to the non - terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 25. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469 -9277 Name and address on Exhibit A Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors, and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's 7 -172- season. Section 28. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. 8 -173- Section 31. Force Maieure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 32. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease; or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 826 -3461 and talk to the Parks Director, or designee. Section 36. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this 9 -174- the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary `Angel R. Escobar, City Manager Approved as to legal form: 1-) 2vl By: �v , Lisa Aguilar, istant City Attorney for the City Attorney LESSEE: Oso Pony Baseball League President Printed Name: /Y1 [c.h Date: /- /br- // By: STATE OF TEXAS T COUNTY OF NUECES T 6c4 rtoI. T is instru ent was acknowledged before me on pi- i $ • ! l , 2011, by , President of Oso Pony Baseball League, on behalf of said Texas unincorporate nonprofit association. Notary ' u • Iic, Stat f Texas r� Printed name: �1.b Rk rf - Commission expires: ► 3 { - .o;P"*Pye; p M. ISABEL HUERTA * k4 1.1 Notary Public STATE OF TEXAS My Comm. Exp. 07 -17 -2013 -175-- 10 EXHIBIT A Property Description: Five baseball fields located near Paul Jones Avenue Term: Five year term from date of final City Council approval Program to be operated by Lessee: Youth Baseball Notice Address for Lessee: Oso Pony Baseball League Attn: President P. O. Box 8507 Corpus Christi, Texas 78412 —176— 11 CITY OF CORPUS CHRISTI FIELD iiw RESIDENCE National Little League fl EXHIBIT C INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate Commercial Genera! Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 7. Personal Injury $1,000,000 COMBINED SINGLE LIMIT C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. I €. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation on all applicable policies. The name of the facility being leased must be listed under "Description of Operations ". At a minimum, a 30 -day written notice of termination, non renewal, material change or cancellation is required. 2011 Sport Fields leases insurance requirements 1 -17 -11 ep Risk Management END -178- EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease SITE: INSPECTOR: ADDRESS: Date of Inspection: League President Signature League President Printed Name: All Leagues must complete this self- inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year of the lease. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the League will be assessed a fee of $250.00 per site for each inspection the City performs. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is . required for any "YES" answer. SKINNED AREAS Yes No [ ] [ ] 1. The soil is too loose to provide good running traction. [ ] [ ] 2. The soil surface is not loose enough around sliding zones for safe sliding. [ ] [ ] 3. The soil is too abrasive for safe sliding. [ ] [ ] 4. The soil is too compacted to provide good drainage. [1 [ ] 5. Running paths and sliding zones near bases have become worn and need to be leveled off. [ ] [ ] 6. Batter's box and home plate areas have become worn and need to be reconditioned. [ ] [ ] 7. Pitcher's mound has become worn and needs to be reconditioned. [ ] [ ] 8. The skinned area has low spots, holes, or is not level and should be dragged /re- graded. [ ] [ ] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. [ ] [ ] 10. The skinned area has unsafe wet spots and/or puddles. 14 -179- [ j [ ] 11. When moist, the skinned area is too sticky and adheres to shoes. [ ] [ ] 12. Coach's box is not level with surrounding area. [ ] [ ] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [][] 1. The mound does not conform to league requirements. [ ] [ ] 2. Platform area behind the rubber is not large enough. [ ] [ ] 3. "Push off' and "landing" areas are not constructed with specialized clay. [ ] [ ] 4. "Push -off' and "landing" areas are dished out and need repair. [ ] [ ] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS PLAYING SURFACE: Yes No [11] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [][] 2. Litter and unsafe debris is scattered around the field and player /spectator areas. [ ] [1, 3. The supply and location of waste cans is inadequate. [1 [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [1 [ ] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [1 [ ] 6. Our facility does not comply with industry recommended field design 15 —180— specifications. COMMENTS BASES AND ANCHORING: Yes No [ 1 [ ] 1. The base coverings have unsafe rips or gouges. [ ] [ 1 2. The base framework or hardware is loose or damaged. [ ] [ ] 3. The base ground stake is unsafely protruding above the surface grade. [ ] [ ] 4. The base ground stake is out of alignment or not level with the surface. [ ] [ ] 5. The base ground stake is not firmly secured in its concrete footing. [ ] [ ] 6. The base, ground stake and its footing are not installed according to -the manufacturer's requirement. [ 1 [ ] 7. The bases do not seat properly with the ground elevation or they are seated loosely. _ [ ] [ ] 8. The concrete footings have rounded edges and may twist out of place in the ground. [ ] [ ] 9. The surface of home plate is not level with the surrounding surface. [ 1 [ 1 10. The surface of home plate is worn or irregular. [ ] [ 1 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. 1] [ ] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS Yes No [ ] [ ] 1. The signs are in good condition and properly installed. COMMENTS 16 -181- FENCING Yes No [ ] [ ] 1. Fence posts are loose or improperly set in the ground. [1 [ ] 2. Fence posts are on the inside of the playing area fence. [ ] [ ] 3. Concrete footings are exposed above ground. [ ] [ ] 4. Fencing is not securely attached to the fence posts with loose or broken ties. [ ] [ ] 5. There are unsafe gaps under fencing. [ ] [ ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [ ] [ ] 8. Wire ends of chain link fencing are exposed along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. I] [110. Gates are left open during games. [ ] [ ] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [ ] [ ] 12. Backstop does not meet industry recommended specifications. [ ] [ ] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No [ ] [ ] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [ 1 [ ] 2. The surface is uneven because of soil grade. [ ] [ ] 3. Soil is too wet or drains poorly making an unsafe running surface. [ ] [ ] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ ] [ ] 5. Turf irrigation comes on during games. [ ] [ ] 6. Turf is not stable and "blow- outs" frequently occur. [ ] [ ] 7.Weeds are present with thorns, bristles, or burrs. [ ] [ ] 8. Moles, gophers or other animals have caused mounds or holes. [][1 9. Hazardous ruts occur on the field from mowing equipment or trenching. [ ] [ ] 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) 1 7 —182— are protruding from the surface. COMMENTS LIGHTING Yes No [ ] [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ ] 2. There are burned out lights. [ ] [ ] 3. The beam direction of the lights are out of adjustment. [ ] [ ] 4. The lighting grid pattern on the field is uneven or irregular. [ ] [ ] 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] [ ] 2. The guard rails are loose or missing. [ ] [ ] 3. The plank or railing end caps are loose or missing. [1 [ ] 4. Wooden planks are worn out or splintered. [ ] [ ] 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ ] 1. Skinned foul lines have become rutted and need to be reconditioned. [ ] [ ] 2. The chalking material used is irritating to the eyes. [ ] [ ] 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. 18 —183— [ ] [ ] 4. There are no public telephones available for emergency situations. [ ] [ ] 5. Areas that are hazardous or under repair have not been blocked off or identified. [1 [ ] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS 19 —184— 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 15, 2011 AGENDA ITEM: Ordinance authorizing the resale of six (6) properties for $8,250.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $162.03, plus $225.41 for partial payment of City paving and demolition liens; and declaring an emergency. ISSUE: Properties located in the City of Corpus Christi are periodically foreclosed by Nueces County to collect delinquent taxes. Section 34.05 of the Property Tax Code requires that the governing body of the respective taxing entities approve the resale of these properties. Bids have been received for each of these six properties, and approval of this Ordinance will authorize the Nueces County Judge to execute a resale deed for the properties. REQUIRED COUNCIL ACTION: Approval of the proposed ordinance authorizing the resale of the listed properties. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the proposed ordinance in order to place the properties back on the tax roll. Attachments —1$7— Constance P. Sanchez Interim Director of Financial Services constancep@cctexas.com (361) 826 -3227 BACKGROUND INFORMATION Properties within the City of Corpus Christi are periodically foreclosed due to non - payment of ad valorem taxes. The city has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriffs sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District) If nobody is willing to pay the opening bid amount for the property, the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. The law firm will then put the property on their tax resale list, will nail a "For Sale" sign on the property, and will solicit purchase offers from the public. When an offer or offers are received, they then bring the highest offer forward for consideration and action by the governing bodies of the involved taxing entities. All the entities must approve the offer, or it is rejected. The law firm has proposed the resale of seven (7) properties. However, the City has pulled one property for potential City use, and, as a result, six (6) properties are included in this agenda item at the bid prices listed in Exhibit A. The monies received from this sale will be distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. The City of Corpus Christi is expected to receive a total of $162.03 from the sale, plus $225.41 for partial payment of City paving and demolition liens. Approval of the ordinance will authorize the Nueces County Judge to execute a resale deed for the properties listed so they can be returned to the property tax roll for the upcoming year. —188— EXHIBIT A FORECLOSED PROPERTY LIST 1 2 3 4 5 1651 1653 1659 1668 1670 - 1671 08-4332-B 09-3622-D 09 -I259 -E 07-2823-C 2739 Auther St. 2549 Dunbar St. 8912 Stillwell Ln. 1823 Stillman Ave. 9080-0003-0230; Lot 23, Block 3, Village Park 4032-0006-0330; Lot 33, Block 6, La Arboleda Addition 8912-0000-0100; Lot 'A', Tuloso Circle Subdivision 3443-0014-0110; Lots 11 and 12, Block 14, Hillcrest Addition $ 1,000.00 1,000.00 1,000.00 2,000.00 2.38 19.43 1.37 100.16 22.56 50.14_ 54.55 08-5351-H 230-232 Watson St. 8284-0013-0200 & 8284-0013-0210; Lots 20 & 21, Block 13, Southmoreland Addition 6 1672 09-2354-E 1433 Annapolis Dr. 0596-0001-0210; Lot 21. Block 1, Bel Aire Park Unit 2 2,000.00 Total T7T ;o t 95Pd K gTQFuxa 1,250.00 4.77 61.13 33.92 37.03 $ 8,250.00 $ 162.03 $ 225.41 1 LINEBARGER GOGGAN BLAIR & SAMPSON, LLP AMMAN&AT LAW 3DD N.SHORELINE, SUM 1111 . CORPUS CHRIS'17, TEXAS 7848 71 (361 )88&6896 FAX (361)$88.44D5 January 28, 2011 Constance Sanchez interim Director of Financial Services City of Corpus Christi POB 9277 Corpus Christi, Texas 78469 -9277 Re: Consideration of bids received for Tax Resale Properties Dear Ms. Sanchez, As you are aware, our firm represents the City of Corpus Christi in the collection of delinquent property taxes. As part of our overall effort to collect delinquent taxes in the City of Corpus Christi and the other taxing entities in Nueces County, we regularly post properties for tax sale by the Nueces County Sheriff. At the sale, if that are no bidders willing to offer the minimum opening bid amount, the property is "Struck Off" to theNue= County taxing entities far the amount due against it. A Sheriff's Tax.Deed is fled in the none of Nieces County, as Trustee for all of the taxing entities owed taxes on the pmperrty. We continue to try to sell these tax resale properties, and when we receive a purchase offer, we bring it forward to the taxing entities for their consideration and action, in accordance with the Texas Property Tax Code. Enclosed please find bid analyses and maps for seventax resaleproperties for which we have received purchase offers. We respectfully request that you place these offers on the City Council's agenda for the Council's consideration and action at their next available regular meeting. If the Council approves all seven bids as submitted, the City will receive $4,732.46 in delinquent tax revenue, $225.41 in payment of demo and paving Hens, and restore as much as $115,647.00 in taxable property value to the tax rolls. Please let Inkiknow as soon as possible when the meeting date is confirmed. In the meantime, ifyou have any questions regarding this matter, please contact me at your earliest convenience. Sincerely, Marvin Leary Area Manager Enclosures: Bid analyses and maps for 7 tax resale properties -190- Exhibit A Page 2 of 14 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of .Total Due: % of Current Value: 08- 4332 -B; Nueces County vs. Clarence E. Cameron 9080- 00034230; Lot 23, Block 3, Village Park 2739 Author St. - Corpus Christi September 7, 2010 14,159.72 1,000.00 965.50 6,000.00 7.06% 18.67% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1 ,035.67 2.52 Nueces County Education District City of Corpus Christi 978.85 2.38 Tuloso Midway Independent School District 2,490.92 6.07 Del Mar College 394.87. 9,259.41 0.98 22.58 City Paving & Demo Liens A VACANT LOT, 50 FT. X 100 FT., IN A NEIGHBORHOOD OF MOBILE HOMES AND SMALL WOOD FRAME HOUSES OFF LEOPARD ST. INANNAVILLE THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI —191— 1651 Exhibit A Page 3 of 14 1i5• 6 ,ei ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 09- 1259 -E; Nuececs County vs. Marry O. Riley Tax ID# & Legal: 8912- 0000-0100; Lot 'A', Tuloso Circle Subdivision Property Location: 8912 Stillwell Lane - Corpus Christi Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: October 5, 2010 13,178.39 1,000.00 943.50 2,013.00 7.59% 49.68% Entity Name Amount Due Each Entity - Amount You Will Receive Nueces Coun 330.69 1.42 Nueces County Education District City of Corpus Christi 319.33 1.37 Tuloso Midway Independent School District 713.45 3.06_ 0.51 pia, Mar College 120.09 City Paving & Demo Liens .. 1.1,692.83 50.14 A VACANT LOT, 35 FT. X 150 FT., LOCATED NEAR THE INTERSECTION OF LEOPARD ST. AND TULOSO ROAD INANNAV!LLE THIS LOT IS TOO SMALL TO BUILD ON, AND ADJOINS THE BIDDER'S PROPERTY. THE PROSPECTIVE PURCHASER IS MAXINE SNAPKA OF CORPUS CHRISTI —193— 1659 Exhibit A Page 5 of 14 .1 • II • • ASSESSORS MAP 136 • _ 263.40 -100 t 228 107.7 •0 • v■1rIa10 0400- 0.1000 tt{ISNlt 07!..1.0 ASSE SOR 135 g. M 9,46: 4040 vr 60.2.4 I . • 1 ti 1 if 267-1 I 11 717.1.111 1Ni IN. Mtt11 -3800 664 946.39 -Bc.� 4.118 AC tf11C •11111.0.1 71)9 1 -0 -40 1,1 Pr. or -29- 40 J;ra! 7046-3211 7. 7943' • 40 7646 -29-60 0w1 1w1110 70M .10 40 2 7. 543 -194- xhaeb i t A Page 6 of 14 ANALYSIS OF Suit Number & Style: Tax !D# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: Entity Name Nueces County BID RECEIVED FOR TAX RESALE PROPERTY 09- 3622 -D; Nueces County vs. Gloria M. Trevino 4032-0006.0330; Lot 33, Block 6, La Arboleda Addition 2549 Dunbar St. - Corpus Christi September 7, 2010 3,802.19 1,000.00 908.50 6,209.00 26.30% 16.11 % Nueces County Education District City of Corpus Christi Corpus Christi Independent School District Del Mar Colle ! e Amount Due Each Entity 753.37 807.30 1933.52 308.00 Amount You Will Receive 18.13 19.43 46.53 7.41 A VACANT LOT, 42 FT. X 94 FT., LOCATED NEAR THE INTERSECTION OF SO. PORT AVE. AND .TARLTON, BEHIND THE NEB. THE PROSPECTIVE PURCHASER IS STEVE GARZA OF CORPUS CHRIST) —195— 1653 Exhibit A Page 7 of 14 WA SHINSTON N ti MP up! Min MMIMI *De KEEN NU 0 EA EN Q AA ICI NAM MN ow A till In MIN INN MINA MI MI MIEN DO MINN WIEN 0 U 0 M m e 'UL ?OOHS EN Ell Ell KW 0F© Enii icrovx n0 MEE Ell Ell MIEN MIES `SIT GAR V ER Rai lEgi NM IX 0EN d© MIEN MINA MIEN MOM I1 0 F. w M N • tl (LGIN ST 111111111:11 q t b r b DR AA NM Xi WE NM Ell MINIM MIEN I©AI WV KM MIEN MENEM Norte SR EN WOOD SW IMMEMONIII a a ti m 31121 Ma EN EMU EN© 10- 11131 WE El ®H NEN KB ICI rims EISENHOWER ®1LE EMI IRA WIEN ME IA LI Ell EMMA we Ell © El N31L7 KM MI rn u FIFE -196- 0 } 0 c ST ki 11:11t 0 L7 EMI ILZ 0n ing w.4.11 KEEN EN NILE sr Y 0 Y a a 7 \/ .4,-- 16 dk A 44L4 InglEttlett4 .4 WASHINGTON 05122212:1Kt UM= SA s INAS sr ELSIN .-t SIC 1iIIII!jl!I!Id� �� ti1oCC6CEERF 12111IENBOadtt MNMEI rairl COM r EN IKE EN MEI EN E7© ©n In 1E1 ©© TN ILL FOR a x �e 0NEI swarm IMMO Ell EMU ©B MINIM EV EV WI EV d 0 m IMES INEI MN NEI MN 'nom arum a we MI NEI EU El KJ a S3 Exhibit A Page 8 of 14 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due Ail Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: 07- 2823 -C; Nueces County vs. Joyce Maria Spiller 3443-0014 -0110; Lots 11 and 12, Block 14, Hillcrest Addition 1823 Stillman Ave. - Corpus Chrlatl December 7, 2010 21,861.72 2,000.00 1,475.50 16,825.00 9.15% 11.89% Entity Name . Amount Due Each Entity Amount You Will Receive Nueces County 3,867.76_ 92.79 Nueces County Education District City of Corpus Christi 4,174.71. 9,912.33 100.16_ 237.81 Carpus Christi independent School District Del Mar College 1,633.07 , 39.18 City Paving & Demo liens 2,273.85 54.55 A WOOD FRAME HOUSE ON PIER AND BEAM FOUNDATION ON A CORNER LOT, 50 F7 X 145 FT., LOCATED 4 BLOCKS EAST OF THE CITGO REFINERY. THE HOUSE IS STRUCTURALLY OKAY BUT NEEDS TOTAL RENOVATION THROUGHOUT TO MAKE IT HABITABLE THE PROSPECTIVE PURCHASER 1S ALAN QUERIDO OF CORPUS CHRISTI 1668 Exhibit A Page 9 of 14 —197— •0r p �• r NUECES SAY 5 U INMAN FLORA}. DYLQ % PALM Mat VAN LOAN STILLMAN :T. k�i1 lit =Norm ill= IPLIW LIFAIII itopQ: DRIVE , MOM OP AYE. MKS.' ]4`Lri ■1C.'7S.] r k LI- tit 33k11! ■ 12W. 111 ••• I LirT ViiJ1 iSL= I Pi isztte MIEN h 2 .rr • ..;N�t4�•+a�r' t "', i'� ^'J+ }r-: r`Tin•t,i? 'f "` A-741741, -1 9 8- • to m i • ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 08- 5381 -H;, Nueces County vs. Cruz Torres Tax ID# & Legal: 8284-0013 -0200 & 8284-0013 -0210; Lots 20 & 21, Block 13, Southmoreland Addition Property Location: 230 -232 Watson St. - Corpus Christi Date of Sale: Amount Due Al! Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: December 7, 2010 37,233.94 2,000.00 1,916.50 11,250.00 5.37% 17.78% Entity Name • Amount Dire Each Entity Amount You Will Receive Nueces County 1,964.28 4.41 Nueces County Education District pity of Corpus Christi 2,128.39 4.77 Corpus Christi Independent School District 5,057.89 , 11.34_ Del Mar College 820.15 _ 1.85 Ci Paving & Demo loans 27,257.23 61.13 2 ADJOINING VACANT LOTS, 50 FT X 140 FT EACH, LOCATED OFF AYERS ST., 5 BLOCKS SOUTH OF DEL MAR COLLEGE EAST CAMPUS. THE PROSPECTIVE PURCHASER IS ALAN QUL:RIDO OF CORPUS CHRISTI 1670 -1671 Exhibit A Page 11 of 14 --199— • ■ r • • • • S ILA saPacm ter© Z Jiro um IKE IBM © OEN ©a NEMER OEM o� 1 MN MI NM 1E111 MUNN Y Arfps MINT ILK 1111rr311 ©4M QN= hilUM oror s • MAI NAM .1 • NAAL'S 11311 ELIE BEN NMI MON rrNra NEN KM INV Mtn 3011;r1 'VC • srasar 1 OEN WE Eli © "v WOVEN NMI 1E111 rrn© NINE a ��ip9�CgpqpCpO .I 111111111111St iI!UM. o LRSAN 11111101111111r ° IMMIUMW STAID' r A N h 0 WEI XII Wile 11131111r1:111 a 1111111 MEE NEN NMI NON a N w IRE • A • 0311111111121121. )TRESS ��oAd��1ot�o�l s 'L a .ti f7LER MOW FLCA1M AMMO IMMO ANNAPOLIS +arcts OWNS l' APPRAISAL OiuR.cl AY; 441111111111111 11111 A ■6 S. AVZ II ug ICcU S. AVZ ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 09- 2354-E; Nueces County vs. Leo E. Walker Tax lD# & Legal: 0598- 0001.0210; Lot 21, Block 1, Bel Aire Park Unit 2 Property Location: 1433 Annapolis Dr. - Corpus Christi Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: December 7, 2010 3,712.14 1,250.00 1,142.50 9,000.00 33.67% 13.89% Entity Name Nueces County Amount Due Each End 246.78 ' Amount You Will Receive 7.15 r Nueces County Education District City of Corpus Christi _ 1,171.38 33.92 Corpus Christi Independent School District 517.74 14.99 Del Mar Come — 497.51_ 14.41 _ 1,278.73 • 37,03 City Paving & Demo Liens A VACANT LOT, 70 FT. X 120 FT., WITH A CONCRETE SLAB REMAINING FROM A HOUSE THAT ONCE STOOD ON THIS LOT. THE LOT IS LOCATED JUST OFF NORTON ST., ADJACENT TO SAM HOUSTON ELEMENTARY SCHOOL. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI 1672 exhibit A Page 13 of 14 —201— Exhibit A Page 14 of 14 -202- ORDINANCE AUTHORIZING THE RESALE OF SIX (6) PROPERTIES FOR $8,250.00 WHICH WERE FORECLOSED UPON FOR FAILURE TO PAY AD VALOREM TAXES, OF WHICH THE CITY SHALL RECEIVE $162.03 PLUS $225.41 FOR PARTIAL PAYMENT OF CITY PAVING AND DEMOLITION LIENS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of six (6) properties listed on the attached and incorporated Exhibit A for $8,250.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $162.03 plus $225.41 for partial payment of City paving and demolition liens. SECTION 2. That the Nueces County Judge is authorized to execute a resale deed upon payment to the City of the City's share of the tax resale proceeds. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: February 9, 2011 By: .c-r Lisa Agu r, Assistant City Attorney for City Attorney Joe Adame Mayor EXHIBIT A FORECLOSED PROPERTY LIST 09-1259-E 8912 Stillwell Ln. 5 1668 07-2823-C 1823 Stillman Ave. 1670 - 6 1671 08-5351-H 230-232 Watson St. 7 1672 09-2354-E 1433 Anna • olis Dr. N ro Iv c.Q VI CD X r� N- tr o w rh rr 9080-0003-0230; Lot 23, Block 3, Vill. Park r ;~ 4032-0006-0330; Lot 33, Block 6, La Arboleda Addition 8912-0000-0100; Lot 'A', Tuloso Circle Subdivision 3443-0014-0110; Lots 11 and 12, Block 14, Hillcrest Addition 8284-0013-0200 & 8284-0013-0210; Lots 20 & 21, Block 13, Southmoreland Addition 0596-0001-0210; Lot 21. Block 1, Bel Aire Park Unit 2 S AGENDA MEMORANDUM February 15, 2011 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to a professional architectural /engineering services contract with Urban Engineering, Inc. of Corpus Christi, Texas in an amount not to exceed $186,476.00, for a restated total not to exceed fee of $222,026.00 for the Aquarius Drive from Dasmarinas to Commodores project for Basic Services (Detailed Design, Bid Phase and Construction) and Additional Services - Project No. 6472 (Bond 2008). CONTRACT: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. A contract for professional services is required to complete the design phase, bid phase, and construction phase; and requires City Council approval. FUNDING: Funding is available from the Street CIP Funds. RECOMMENDATION: Approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services 361 -826 -3781 petean(cctexas.com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1. Prior Council /Administrative Action Exhibit B. Contract Summary Exhibit C. Location Map —207 - H:1H0MEILYNDASIGENIStreets12008 Bond Issue16472 - AquariuslAE_AwdMemo.doc BACKGROUND INFORMATION CONTRACT SUMMARY: The amendment provides for services related to the preparation of plans, specifications, bid and contract documents that are necessary to allow construction to proceed. The services are in addition to the original contract which allowed the consultant to proceed with conceptual design for right of way alignment, wetlands determination, and permitting. In addition to the basic design and construction phase services, the amendment provides the following additional phase services: • vacating plat; • utility survey; • environmental services; • construction observation (allowance); • warranty services; • subsurface utility report; and • hydraulic analysis (wastewater force main relocation). A contract summary is attached. See Exhibit B. ADDITIONAL INFORMATION: The project was part of the 2008 Bond election approved by voters. The consultant (Urban Engineering) was selected through the RFQ 2008 -05 selection process. A small engineering contract was awarded June 25, 2010 to address property owner concerns regarding alignment, wetland delineation, permitting, right of way survey and topographic survey. This work was necessary prior to proceeding with detailed design to assure the proposed alignment would be permitted by the U. S. Army Corps of Engineers. The USACOE permit was issued with a date of January 12, 2011. SELECTION PROCESS: The consultant was selected through the RFP 2008 -05 selection process for 2008 Bond projects. FUTURE COUNCIL ACTIONS: Council will be requested to authorize: • Award of a construction contract; • Award of engineering materials inspection and laboratory contracts if required; • Award of any change orders that may require Council action. FUNDING: Funding is available from the Street CIP Fund Capital Budget. Fi:IH0M E1KEV1NS\ GEN\ STREETS16472AquariusAAEAwdBkgEa. EXHIBIT A Page 1 of 1 PRIOR ACTIONS PRIOR COUNCIL ACTIONS: November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) December 16, 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300.00 (Ordinance No. 028006). PRIOR ADMINISTRATIVE ACTIONS: June 25, 2010 — Administrative award of a professional engineering contract in the amount of $35,550.00 to Urban Engineering of Corpus Christi, Texas for preliminary design, wetland assessment/delineation, right of way survey and topographic survey for the Aquarius Drive project between Dasmarinas and Commodores. Exhibit A -1 Page 1 of 1 —209— CONTRACT SUMMARY Amendment No. 1 SCOPE OF PROJECT (Aquarius Street -- Dasmarinas to Commodores Project No. 6472) This project consists of new construction of a new street consisting of 40 -ft wide pavement from curb back to curb back with two traffic lanes, two joint use parking /breakdown /bicycle lanes. (Final joint use designations to be determined-,) The protect will include a sidewalk on each side of the street, driveway:, ADA Curb ramps, land:stripiing, pavement markings, signage and street lighting. The project will:jnclude periodic sections of center esplanades and plantings. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. FEE The City will pay the A/E a fee for providing services authorized, an additional fee not to exceed $186,476.00, (One Hundred Eighty Six Thousand Four Hundred Seventy Six and no /xx dollars) for a restated not to exceed total fee of $222;026.00. A. BASIC SERVICES 1. Preliminary Phase (Previously Completed) 2. Design Phase • Study, Verify, and Implement preliminary design Recommendations • Preliminary Plan Sheets 1 Title Sheet and Index 2 General Notes Legend, Details, Symbols and Testing 3 Schedule 4 Estimated Quantities 5 -6 Existing and Proposed Sections 7 -9 Baseline Alignment 10 Control Layout and Benchmark Information 11 -12 SUE Survey 13 Sequence of Work 14 Drainage Map 15 -19 Water & Wastewater Plan & Profiles 20 -27 Water & Wastewater Detail Sheets 28 -32 Street & Storm Water Plan & Profiles 33 Storm Water Laterals 34 -38 Street & Storm Water Detail Sheets 26 -33 Pavement Section and Details —210— Exhibit B Page 1 of 5 34 Pollution Prevention Plan 35 Pollution Prevention Details 36 Pedestrian Facilities Standards 37-38 Miscellaneous Details 39 -40 Traffic Control Plan 41 -42 Striping & Signage Plan • Provide Assistance Identification, Testing, Handling, and Disposal of Hazardous Materials • Prepare Final Quantities and Estimates of Probable Costs • Provide Pre -Final Plans and Bid Documents (60 %) • Assimilate All Review Comments, Modifications, Additions /Deletions and Proceed to Next Phase, Upon Notice to Proceed from the City Engineer • Quality Assurance /Quality Control • Prepare Traffic Control including Traffic Plan in accordance with Texas M.U.T.C.D. • Upon Approval, Provide One (1) Set Final Plans and Contract Documents and Provide One (1) Electronic Copy • Submit Monthly Status Reports • Provide a Storm Water Pollution Prevention Plan • Coordinate with City Traffic Engineering and AEP for street Tight sleeve locations. NE will provide conduit and pull box layout in design with spare conduit for MIS. AEP will design and install poles separately. 3. Bid Phase • Participate in Pre -Bid Conference and Provide Recommended Agenda • Assist City in Solicitation of Bids • Review All Pre -Bid Questions and Submissions • Attend Bid Opening • Revisions to Bid Documents • Provide Letter to City Engineer on giving our Recommendation to whom to Award the Project to 4. Construction Phase • Participate in Pre - Construction Meeting • Review Shop and Working Drawings • Provide Testing Schedule and Review Field and Laboratory Tests • Provide Interpretations and Clarifications of Contract Documents • Regular Visits to Site of Project (two per month) • Prepare Change Orders as authorized by City • Make Final Inspection with City staff • Review and Assure Compliance with Plans and Specifications • Review Construction "Red- Line" Drawings, Prepare Record Drawings • Review and Prepare Monthly Construction Pay Estimates B. ADDITIONAL SERVICES • Permitting NPDES Permit: —211 Exhibit B Page2of5 • Prepare NPDES Permit and include with specifications. Contractor shall be responsible for submission of the document to the appropriate authorities. • Texas Department of Licensing & Regulations: NE will pay all fees and coordinate with a local Registered Accessibility Specialist. • Vacating Plat • Topographic Survey • Provide limited additional design surveys. • Provide limited construction verification surveys. Hydraulic Analysis of sanitary sewer force main. Design will include hydraulic analysis of new longer force main and effect on existing pumps. Environmental Issues • Construction Observation Services • Warranty Phase • Public Meeting Participate in public meeting to coordinate with the community and to obtain community support for each project to include all necessary exhibits as directed by the City. • Subsurface Utility Investigation • Field location of existing utilities using Texas One -Call System (Coordinate with appropriate City Operating Departments) • Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C -I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data ". The proposed subsurface utility investigation will be as follows: • Excavation The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit using vacuum excavation. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. • Utility Location -- The survey scope includes locating certain utilities to Quality Level l3 (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. • Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage limits. Exhibit B Page 3 of 5 —212— • Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes except for critical locations which will require Quality Level A. ▪ Water — Water facilities within the project limits will be located to Quality Level C except for critical locations which will require Quality Level A. • Gas — Gas facilities within the project limits will be located to Quality Level C by the AIE. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. • Franchise Facilities — Coordinate with provider within the project limits to locate facilities to Quality Level A in critical areas. A/E will investigate areas of high probability of conflict with proposed improvements. Table of Fees on Following Page Exhibit B Page 4 of 5 —213— Basic Services 1 2 3 4 Original Contract Aquarius Street Extension (Project No. 6472) Das Marinas Dr to Commodore's Dr February 15, 2011 SUMMARY OF FEES Amendment No. 1 Street Storm Water Water Wastewater Gas Total Combined Total Preliminary Phase Design Phase Bid Phase $4,480.00 0.00 $0.00 32,750.00 $0.00 14,410.00 $0.00 12,445.00 $0.00 5,895.00 $0.00 $0.00 $4,480.00 Construction Phase Subtotal Basic Services 0.00 0.00 2,385.00 7,150.00 1,050.00 3,145.00 906.00 2,720.00 430.00 1,290.00 0.00 0.00 0.00 65, 500.00 4,480.00 42,285.00 18,605.00 16,071.00 7,615.00 0.00 Additional Services 1 2 3 4 5 6 7 8 9 4,771.00 14, 305.00 84.576.00 $65,500.00 . $4,771.00 $14,305.00 $89,056.00 Permit Preperation a. Wetland Assesment b. Wetland Del neation & Permit App c. Cultural Resource Review ROW Survey Topographic Survey Vacating Plat Utility Easement Survey Environmental issues Construction Observation Services (Based on 4 months) (Not Authorized) Warranty Phase Public Meeting 2,500.00 7,820.00 5,750.00 5,000.00 10,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,823.00 750.00 2,823.00 34, 800.00 0.00 0 00 0.00 0.00 0.00 1,143.00 330.00 1,143.00 14,090.00 L. 0.00 0.00 0.00 0.00 0.00 614.00 285.00 614.00 5,180.00 0.00 0.00 0.00 0.00 0.00 420.00 135.00 420.00 7,580.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,000.00 1,500.00 5,000.00 61,650.00 $2,500.00 $7,820.00 $5,750.00 $5,000.00 $10,000.00 $5,000.00 $1,500.00 $5,000.00 $61,650.00 0.00 988.00 400.00 214.00 148.00 0.00 10 Subsurface Utility Engineering Report 0.00 1,411.00 571.00 306.00 212.00 0.00 Hydraulic Analysis for Sanitary Force Main Reroute 0.00 11,294.00 4,572.00 2,454.00 1,680.00 0.00 1,750.00 2,500.00 20,000.00 $1,750.00 $2,500.00 $20,000.00 11 Subtotal Additional Services 0.00 0.00 0.00 0.00 4,500.00 0.00 4,500.00 $4,500.00 31,070.00 54,889.00 22,249.00 9,667.00 15,095.00 0.00 Total Authorized Fee 101,900.00 $132,970.00 35,550.00 97,174.00 40,854.00 25,738.00 22,710.00 0.00 186,476.00 5222, 026.00 The estimated cost of construction for the Aquarius Street Extension is $1,122,471.25. The basic services fee for this project is $89,056. Therefore, the percentage of basic engineering services cost to construction cost is 7.9%. EXHIBIT B Page 5 of 5 H:11-10MRKEV tNS1GEMSTREETS16472AquariusWESumPage5of5ExhS F71e : \ Mproject \councilexhibits\exh6472.dwg LOCATION MAP NOT TO SCALE PROJECT LOCATION fq it rJ /1 i /1 �� /l/ 7( \ `�.� ,`� -- \;‘,- t'; \\ t Cz. •�• ',`/ /( /. fit. 1\ 'k r ~ 4i \ v, II ]I PROJECT # 6472 VICINITY MAP NOT TO SCALE EXHIBIT "C" AQUARIUS DRIVE - DA SMA RINA S TO COMMODORES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02 -15 -2011 - - Mr =MI -215- 9 AGENDA MEMORANDUM City Council Action Date: February 15, 2011 SUBJECT: Salt Flats Drainage System Improvements Phase III Sta. 5 +20 through Sta. 17 +50 Project No. 2317 / CIP No. SW 14 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Bridges Specialties Inc. of Sandia, Texas, in the amount of $414,290.10 for the Salt Flats Drainage System Improvements Phase III Sta. 5 +20 through Sta. 17 +50 for the Total Base Bid. ISSUE: The Salt Flats Drainage System consists of box culverts and an open channel on the north side of the City from Leopard Street to the Ship Channel. Construction of Phase of the project was completed in 2000. Phase II deals with the concrete lined channel from the end of the existing box culverts at Nueces Street to the south side of Port Avenue Bridge. Phase III provides improvements to the concrete lined channel and earthen channel from north side of Port Avenue Bridge to near the ship channel. These improvements will significantly lower the 25 -year storm hydraulic gradient along the channel. FUNDING: Funding is available from the Storm Water Capital Improvement Budget FY 2010. RECOMMENDAT 0 • Staff recommends approval of the motion as presented. Va- H. Gray, .E. Pete Anaya, P.E. Dire or of Storm Wat= & Stre- Operations Director of Engineering Services 826 -1875 826 -3781 valerieqpcctexas.com petean(a7cctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Background Information Prior Project Actions Bid Tabulation Project Budget Letter of Recommendation Location Map 14; 4H0ME \RachellelGEN \Drainaget2317 -Salk Flats Drainage System Imps Ph. I1P.& it tar T .doc AGENDA BACKGROUND INFORMATION SUBJECT: Salt Flats Drainage System Improvements Phase III Sta. 5 +20 through Sta. 17 +50 Project No. 23171 CIP No. SW 14 PROJECT DESCRIPTION: The project consists of drainage channel cleaning, concrete liner removal, excavation, compaction, new concrete lining and miscellaneous items of work required to complete the project in accordance with plans, specifications and contract documents. BID INFORMATION: On January 12, 2011, the City received proposals from five bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $414,290.10 to $797,840. The estimated cost of construction is $444,080. BID RECOMMENDATION: The consultant, Urban Engineering, has reviewed the information submitted by the low bidder, Bridges Specialties Inc. (see Exhibit "E" Consultant's Letter of Recommendation). Minor bid errors were noted with one of the other bidders that did not affect the low bid. Urban Engineering has verified the experience references provided by the contractor, which indicated that the contractor has the ability to perform the work required to complete the project in a satisfactory manner. Therefore, City staff and the consultant are recommending that the contract be awarded to Bridges Specialties Inc. of Sandia, Texas, in the amount of $414,290.10. CONTRACT TERMS: The project is estimated to require 90 calendar days, with completion anticipated in June 2011. PROJECT BACKGROUND: The Salt Flats Drainage System consists of box culverts and open channel on the north side of the City from Leopard Street to the Ship Channel. This area has a history of flooding and the City began a project to address this issue in 1999. The hydraulic analysis performed for the project shows that, with the existing conditions, storm water overflows the existing channel walls during a 25 -year storm. Construction of Phase I of the project was completed in 2000 and included improvements in the Leopard and IH 37 area and new parallel box culvert along the existing box culverts from IH 37 to just north of Nueces Street, where the box culverts end and the open channel begins, Phase I I of the project is being completed and deals with the concrete lined channel from the end of the existing box culverts at Nueces Street to the south side of Port Avenue Bridge. The first 1,370 feet of the channel has been cleaned of silt and debris and the next 800 feet was lowered approximately 2.5 feet to increase the hydraulic cross - sectional area. Phase III will complete the Salt Flats Drainage System improvements and mainly consists HMOMBRachellelDEMDrainage12317 -Salt Flats Drainage System Imps Ph. IIIIAgenda Backgrcund.dac —220— EXHIBIT "A" Page 1 of 2 of deepening the existing concrete lined and earthen channel from Port Avenue Bridge to near the end at the Ship Channel. The completion of these phases will significantly lower the 25 -year storm hydraulic gradient (water level) along the channel. Phases II and Ill required a U.S. Army Corps of Engineers Permit for potential impacts to wetlands that was submitted in May 2008 with final permit approval received in April 2009. H: IHOME4Rache tie4GEN1Drainage42317 -Salt Flats Drainage System Imps Ph. IIhAgenda Background,doc —221— EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Salt Flats Drainage System Improvements Phase III Sta. 5 +20 through Sta. 17 +50 Project No. 23171 CIP No. SW 14 PRIOR COUNCIL ACTIONS: 1. February 9, 1999 — Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $161,000 for Salt Flats Drainage System Improvements. (Motion No. M1999 -038) 2. June 23, 2009 - Motion authorizing the City Manager or his designee to execute a construction contract with Bridges Specialties of Sandia, Texas, in the amount of $280,227.50 for the Salt Flats Drainage System Improvements Phase II Sta. 17 +50 through Sta. 39 +20 for the Total Base Bid. (Motion No. 2009 -175) 3. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTIONS: 1. April 7, 2008 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $49,500, for a total restated fee of $210,500, for Salt Flats Drainage System Improvements. 2. February 25, 2009 — Administrative approval of Amendment No. 2 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $22,000, for a total restated fee of $232,500, for Salt Flats Drainage System Improvements. 3. August 11, 2009 — Administrative approval of Amendment No. 3 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $43,800, for a total restated fee of $276,300, for Salt Flats Drainage System Improvements, 4. August 18, 2009 — Administrative approval of a Construction Testing Contract with Kleinfelder in the amount of $4,345 for the Salt Flats Drainage System Improvements, Phase II. F1:11OMERechelle.GENSDrainage12317 -Salt Flats Drainage System Imps Ph. IIIIPFiO2 j21- Astions.DOC EXHIBIT "B" Page 1 of 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Pete Anaya, P.E., Director of Engineering Services DATE: January 12, 2011 TIME OF COMPLETION: 90 CALENDAR DAYS SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE 111 STA. 5+20 THROUGH STA. 17+50 City Project No. 2317 DESCRIPTION QTY. UNIT Bridges Specialties 117 Stovall Sandia, TX 78383 UNIT PRICE AMOUNT Reytec Construction 1901 Hollister Houston, TX 77080 UNIT PRICE AMOUNT ENGINEER'S ESTIMATE: $444,080.00 Austin Engineering P. O. Box 342349 Austin. TX 78734 UNIT PRICE AMOUNT Gin-Spen, Inc. 780 W. Kennedale Pkwy. Kennedale, TX 76060 UNIT PRICE AMOUNT J. M. Davidson, Inc. P. O. Box 4639 Corpus Christi, TX 78469 UNIT PRICE AMOUNT 1. 2. 3. 4. lV Ca.) 5. 6. 7. 8. 9. 10. 11. Excavate to Deepen Channel from Sta.5+20 to Sta.12+77 Clean Sides of Existing Channel from Sta.5+20 to Sta.12+77 Remove and Replace 26' Wide Section of Canc. Lining from Sta.13+40 to Sta.16+40 Railroad Bridge No. 1 Channel Improv., Sta.13+14 to Sta.13+48 Railroad Bridge No. 2 Channel Improv., Sta.24+64 to Sta.25+53 Channel Gravel Base as Necessary for Wet Conditions Railroad Protective Liability Insurance Demobilize/Remobilize for Hurricane Breakout and Repair Failed Concrete Liner Disposal of Contaminated Soil Utility Allowance (Mandatory Allowance) TOTAL BAS 795 1 1260 1 1 1276 1 1 1000 50 1 E BID LF LS SY LS LS SY LS EA SF CY LS 94.34 47,500 120.63 25,000 30,000 21 5,000 8,000 20 200 15,000 $75,000.30 $47,500.00 5151,993.80 $25,000.00 530,000.00 $26,796.00 $5,000.00 58,000.00 520,000.00 $10,000.00 $15,000.00 $414,290.10 131 23,500 130 50,600 68,800 55 12,300 3,300 20 66 15,000 5104,145.00 $23,500.00 $163,800.00 $50,600.00 $68,800.00 $70,180.00 $12.300.00 $3,300.00 520,000.00 53,300.00 $15,000.00 $534,925.00 300 55,000 135 25,000 65,000 18 50,000 7,500 30 300 15,000 5238,500.00 555,000.00 5170,100.00 525,000.00 $65,000.00 522,968.00 $50,000.00 $7,500.00 530,000.00 515,000.00 $15,000.00 5694,068.00 220 68,800 92 172,500 197,360 10. 5,000 5,000 15 100 15,000 5174,900.00 568,800.00 $115,920.00 5172,500.00 5197,360.00 $12,760.00 $5,000.00 55,000.00 515,000.00 55,000.00 $15,000.00 $787,240.00 173.40 30,846.00 195.85 50,850 124,280 115 2,500 9,000 24 200 15,000 $137,853.00 $30,846.00 $246,771.00 $50,850.00 $124,280.00 5146,740.00 52,500.00 59,000.00 $24,000.00 510,000.00 $15,000.00 $797,840.00 I The area with bold borders indicates an error in the extension/addition which did not affect the low bid. The totals reflected here are the Unit Price times the Quantity. Section B-2-7 states, "The Unit Price shall govern over the amount." PROJECT BUDGET SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE III STA. 5 +20 THROUGH STA. 17+50 Project No. 2317 February 15, 2011 FUNDS AVAILABLE: Storm Water CIP Prior Years' CIP FUNDS REQUIRED: Construction (Bridges Specialties Inc.) Contingencies Estimate Consultant Fees: Urban Engineering: Amendment No. 3 - $43,800 for Phase III (this project) Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project •MgtlConstr Mgt/Traffic Mgt) Construction Observation Services Construction Testing Finance Issuance Misc. (Printing, Advertising, etc.) $510,000.00 $43,800.00 TOTAL $553,800.00 $414,290.10 $41,429.01 $43,800.00 $9,322.00 $14,500.00 $14,500.00 $8,708.89 $5,179.00 $2,071.00 TOTAL $553,800,00 'Note: The consultant fees for Urban Engineering for the design of this project were paid in previous years' CIP. EXHIBIT "D" Page 1 of 1 U RBAN ENGINEERING January 17, 2011 J Job No. 36688.A9.00 TRANSMITTED VIA EMAIL AND ORIGINAL MAILED. Mr. Pete Anaya, P.E. Director of Engineering Services City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 Subject; Salt Flats Drainage System Improvements -Phase III Sta. 5 +20 through Sta. 17 +50 City Project No. 2317 Dear Pete: Urban Engineering has received a copy of and reviewed all of the bids submitted for the subject project. We have also received and reviewed the information required by Sections A- 28, A -29 and A -30 of the Contract Document Special Provisions to be submitted after the bid date. We have investigated and found the bid package and experience record of Bridges Specialties, Inc., the apparent low bidder, to be satisfactory. Attached please find a Bid Tabulation and a copy of the information required by Sections A -28, A -29 and A -30. It is the recommendation of Urban Engineering that the subject project be awarded to Bridges Specialties, Inc., for the Total Base Bid amount of Four Hundred Fourteen Thousand ' Two Hundred Ninety and 10/100 Dollars ($414,290.10). MMlsk Enclosure xc: Bridges Specialties, Inc. Job file (361)854 -3101 Sincerely, URBAN ENGINEERING \itsk- VA Mark Maroney, P.E. 2725 SWANTNER DR. • CORPUS CHR]STI.TEXAS 78404 FAX (361)854 -6001 www.urbaneng,corn TBPE Fr2e145 EXHIBIT "E" Page :I of 3 Bridges Specialties Inc. 117 Stovall, Sandia, TX 78383 361- 547 *9534 wk 361- 547 -1769 fax Bridgesspecialtiesl @msn.corn Bid Requirements for A -28, A-29, A -30 A-28 1. As of Januaryl2,2011, there are no loins being held angainst Bridges Specialties, Inc. For services for materials supplied against any of its projects begun within the preceding two (2) years. 2. As of January12,2011, there are no outstanding unpaid claims against Bridges Specialties, Inc. For services or materials supplied which relate to any of its projects begun in the last two (2) years. A -29 1. Bridges Specialties will be using Shaun Miller as its Superintendant on this project. He has at least five (5) years experience in the day -to -day field management and oversight of projects of similar size and complexity to this project. (See attached Resume and Bridges Specialties Business References) A -30 1. The list of the major components of work is as follows: a. Removal and replacement of concrete channel bottom aprox.425 If. b. Clean channel sides 750 If. 2. The list of products to be incorporated into the project is as follows: a. Reinforcing steel. b. 3000 psi concrete c. Crushed concrete 3. The cost estimate for the major components of work is: a. See bid proposal. 4. The schedule of anticipated monthly payments for this project is as follows: a. Draws on the % completion on last day of every month 5. There will be no apparent MBE Finns involved in this project. 6. Bridges Specialties, Inc. a. G &L Young 7. The preliminary progress schedule is as follows: a. Week 1 setup coffer dam system and dewater. b. Week 2 -11 Saw cut remove and replace concrete bottom. c. Week 12 clean up and demob. —226— EXHIBIT "E" Page 2 of 3 8. Documentation required in Special Provisions A -28 and A -29 have been included, signed and dated by Brian Bridges for Bridges Specialties, Inc. 9. A -35K is not applicable. 10. Type of entity and who can act on said entity a. Bridges Specialties is a corporation and Brian Bridges, as acting President, can act on the corporation's behalf. Bridges Specialties, Inc Brian Bridges —227— EXHIBIT "E" Page3_of3: Fife : \ Mproject \councilexhibits \exh2317.dwg 524 I CORPUS N 13.7.y RD. LOCATION MAP NOT TO SCALE •PROJEc �� E PORT A w�y I/ (17D1*/■ —C111172 919 INTERSTATE 37 ,L:f1 [11 Eno = E?-7/ /L77—E-Th i'ztEEIP=111E1=E10 -=i7a[:19 /----EtaRgERD fFig PROJECT # 2317 SITE LOCATION NOT TO SCALE CORPUS C3-fRISII BAY EXHIBIT "FN SALT FLATS DRAINAGE SYSTEM IMPROVEMENTS PHASE 3 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of I DATE: 01 -21 -2010 MEP !MN 10 AGENDA MEMORANDUM City Council Action Date: February 8, 2011 SUBJECT: Advance Funding Agreement Amendment FM 43 on Weber Rd from SH 358 (SPID) to SH 357 (Saratoga Boulevard) AGENDA ITEM: Resolution amending Resolution No. 028897 which authorized the execution of a Local Project Advance Funding Agreement with Texas Department of Transportation for construction to adjust manholes and water valves on FM 43 on Weber Rd from SH 358 (SPID) to SH 357 (Saratoga Boulevard), to increase amount of City's funding obligation from $52,303.00 to $89,893.56. ISSUE: On December 14, 2010, the City Council approved an Advance Funding Agreement in the amount of $52,303 with the Texas Department of Transportation (TxDOT) for the adjustment of manholes and water valves on FM 43 on Weber Road from SH 358 (SPED) to SH 357 (Saratoga Boulevard). The amount of the agreement, $52,303, was based on TxDOT estimated project costs. Due to the letting of the project and actual low bid amount, the City's anticipated costs have increased to a total amount of $89,893.56. This Resolution will increase the City's contribution amount and enable the project to continue. FUNDING: Funding is available from the FY 2010 -2011 Capital Improvement Program /Bond Issue 2004. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P,E. Director of Engineering Services 826 -3781 p ete a n Cal cctexas . co m Additional Support Material: Exhibit "A" Agenda Background Information Exhibit "B" Advance Funding Agreement Approved December 17, 2010 Exhibit "C" Notification Letter from TxDOT Exhibit "D" Location Map AGENDA BACKGROUND INFORMATION SUBJECT: Advance Funding Agreement Amendment FM 43 on Weber Rd from SH 358 (SPID) to SH 357 (Saratoga Boulevard) ADVANCE FUNDING AGREEMENT DESCRIPTION: On December 14, 2010, the City Council approved an Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for the adjustment of utility valve covers and manholes on FM 43 on Weber Rd from SH 358 (SPID) to SH 357 (Saratoga Boulevard). Upon approval of this agreement, city staff mailed a check payable to TxDOT in the approved amount of $52,303.00. As per Article 9. Increased Costs, of the original Advance Funding Agreement between the City of Corpus Christi and the Texas Department of Transportation (see Exhibit "B ") "In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within 30 days of the written notification" CITY NOTIFICATION: The Texas Department of Transportation (TxDOT) notified the City on January 18, 2011 that additional funding was needed due to the project letting and the actual bid cost received. (See Exhibit "B "). To allow the project to continue with the required utility adjustments, an additional payment to TxDOT in the amount of $37,590.56 will be required as per the terms of the agreement. This item, if approved, will authorize the additional amount. PROJECT DESCRIPTION: FM 43 on Weber Road from SH 358 SPID to SH 357 Saratoga Boulevard - The proposed project is a TXDOT Mill and Inlay project on FM 43 on Weber Road from South Padre Island Drive (SH 358) to Saratoga Boulevard (SH 357) and will consist of milling out 2 inches of asphalt pavement and replacing with 2 inches of new asphalt pavement including associated re- striping. The City is responsible for adjustment of utility valve covers and manholes associated with this mill and inlay project. As part of TXDOT's contract with Haas Anderson Construction, the contractor will do the final adjustment of the manholes and valves which are within the scope of the project. It is in the best interest of the City to allow TXDOT's contractor to adjust these utilities at the appropriate time and for the City to reimburse TXDOT for the adjustments. H: IHOMEILYNDAMGENIStreets1TxOOTSAFA FM 43 - SH 358 to SH 3571BACKGRb[J)Qt oc EXHIBIT "A Page 1 of 1 r s. CSJ # 1557-01-035 District # 16 — Corpus Christi Code Chart 64 # 09800 Project FM 43 from SH 358 tq SH 357 CFDA #: 20.205 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON- SYSTEM PROJECT THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the City of Corpus Christi, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201 .209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 112237 authorizes the State to undertake and complete a highway improvement generally described as remove and replace asphaltic surfaces; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as the adjustment of manholes and water valves on FM 43 from SH 358 to SH 357, hereinafter called the "Project "; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. AFA AFA VoITIP Page 1 of 6 —233— Revised 07/07110 Exhibit B CSJ # 1557- D1 -a35 ' District # 16 -Y Corpus Christi Code Chart 64 # 09800 Project: FM 43 from SH 358 to SH 357 CFDA #: 20205 Article 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification, Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. Article 3. Right of Access If the Local Government is,the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Article 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right -of -way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State, Article 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article B.Document and information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. if requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government AFA- AFA_VoITIP Page 2 of 6 Revised 07/07/10 —234— Exhibit B CSJ # 1557 -01435 ' District # 16 — Corpus Christi Code Chart 64 # 09800 Project: FM 43 from SH 358 to SH 357 CFDA #: 20.205 creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State In the format directed by the State. Article 7, Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. Article 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by. the State and incorporated herein by reference, or special specifications approved by the State. Article S. Increased Costs In the event it is determined that the funding provided by the Local Government will be Insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 11 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses In acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. Article 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. Article 11. Termination This agreement may be terminated in the following manner: AFA -AFA VoITIP Page 3 of 6 -235— Revised 07/071/0 Exhibit B CSJ # 1557 -01 -035 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: FM 43 from SH 358 to SH 357 CFDA #: 20.205 i by mutual written agreement and consent of both parties; ♦ by either party upon the failure of the other party to fulfill the obligations set forth herein; ♦ by the State if it determines that the performance of the Project is not in the best interest of the State. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. ♦ Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. Article 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited In the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request In writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 13. Sole Agreement in the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 15. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. AFA -AFA VoITIP Page 4 of 6 —236— Revised 07/07/10 Exhibit B 4 CSJ # 1557 -01 -635 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: FM 43 from SH 368 tQ SH 357 CFDA #: 20.205 Article 16. State Auditor The state auditor may conduct an audit or Investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Article 17. Insurance If this agreement authorizes the Local Government or Its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. if coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. Article 18. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date Cathy T. Floyd, C.P.A. South Regional Service Center Director South Region THE LOCAL GOVERNMENT /� dot-pus r Name of the,L.ocal Government di or t c.411 t C1-i By "'�,R l� d,20.4.. Date 2 10 Typed or Printed Name and Title / G( R. Escobar, Approval as to Legal form: Veronio; Manes AFA AFA VoITIP Assistant City Attorney For City Attorney Page 5 of 6 —237— 2g19 AUThORIZEP or COUNCIL„, ---1064$ 10,1 Revised 07/07/10 Exhibit B • • CSJ # 1557 -01 -035 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: FM 43 from SH 358 to SH 357 CFDA#: 20.205 ATTACHMENT A Payment Provision and Work Responsibilities The Local Government will contribute $52,303, for the adjustment of manholes and water valves on FM 43 from SH 358 to SH 357, which is an on system location, including construction items and direct state costs. Description Total Estimate Cost Federal Partic patlon State Participation Local Participation % Cost % Cost % Cost Adjusting manholes and water valves $45,880 0% $0 0% $0 100% $45,880 ;Subt i T ,,,;: 45, 880 $0 . .. $0 Direct State Costs (including plan review, inspection and oversight) 14% $6,423 0% $0 0 %. $0 100% $6,423 Indirect State Costs (no local participation required except for service projects) 6.2% $2,845 0% $0 100% $2,845 0% $0 TOTAL $55,148 $0 $2,845 $52,303 Local Government's Participation = 3503.00 Local Government's Participation to the State is due upon full execution of this AFA. This Is an estimate only; final participation amounts will be based on actual charges to the project. AFA-AFA VoITIP Page 6 of 6 - Revised 07107110 —238— Exhibit B co- Ar Texas Department of Transportation 1701 SOUTH PADRE ISLAND DRIVE • CORPUS CHRISTI, TEXAS 78416 • (361) 808 -2300 January 18, 2011 Corpus Christi District Project: NH 2011(516) Control: 1557 -01 -035 Highway: FM 43 County: Nueces Mr. Angel Escobar City Manager CITY OF CORPUS CHRISTI P.O. BOX 9277 CORPUS CHRISTI TX. 78469 Dear Mr. Escobar: As indicated on the executed Advanced Funding Agreement for the above mentioned project, the City's anticipated construction and engineering costs were equal to $52,303.00. Since the time of letting and based on the actual low bid amount, the City's anticipated costs have increased to a total amount of $89,893.56. Please refer to the attached Statement of Cost for the breakdown of expenditures. Therefore, the Department is requesting that a warrant be made payable to the Texas Department of Transportation in the amount of eighty -nine thousand eight hundred ninety -three dollars and fifty -six cents ($89,893.56). Please forward the warrant to the address shown below. Texas Department of Transportation 1701 South Padre Island Drive Corpus Christi, TX 78416 Your immediate attention to this matter would be appreciated. If you have any questions, feel free to call my office. Sincerely, 4)49--N---4),_ Jose Gaytan, P.E. Director of Construction DCC/ Attachment cc: Jamie Pyle, P.E. John Casey, P.E. CCAO THE TEXAS PLAN REDUCE CONGESTION • ENHANCE SAFETY • EXPAND ECONOMIC OPPORTUNITY • IMPROVE AIP ^ ""' ''^' PRESERVE THE VALUE 02 1LNSPORTATION ASSETS Exhibit C An Equal Opportunity Employer File : \ Mproject \councilexhibits \exhEl0227b.dwg - FM 43 FROM SH 358 TO SH 357 24'6 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 7 12/14/2010 =NV MIN Mir MEI Page 1 of 2 A RESOLUTION AMENDING RESOLUTION NO. 028897 WHICH AUTHORIZED THE EXECUTION OF A LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION TO ADJUST MANHOLES AND WATER VALVES ON FM 43 FROM SH 358 TO SH 357, TO INCREASE AMOUNT OF CITY'S FUNDING OBLIGATION FROM $52,303,00 TO $89,893.56. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. On December 14, 2010, by Resolution 028897, the City Manager, or his designee, was authorized to execute a Local Project Advance Funding Agreement for Construction (LPAFA -CST) with the Texas Department of Transportation in the amount of $52,303.00 for adjustment of manholes and water valves on FM 43 from SH 358 to SH 357. SECTION 2. Resolution 028897 is amended to increase the amount of the City's funding obligation from $52,303.00 to $89,893.56. SECTION 3. This Resolution shail take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED AS TO LEGAL FORM: 27 -Jan -11 Veronica Ocanas Assistant City Attorney For City Attorney H:1LEG- DIRIVeronica011.ENG11 AGENDA ITEM S12011\021511 RESO amendRes- DeptTransportation.docx —241 Corpus Christi, Texas Day of , 2011. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H;1LEG- DIR1Veronica011.ENGI1 AGENDA ITEM S120111O21511 RESO amendRes- DeptTransportation.docx —242 -- Page 2 of 2 11 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: February 8, 2011 Public hearing and first reading ordinance to consider abandoning and vacating an 89,683 - square foot portion of the North Country Club Place and South Country Club Place public street rights -of- way, out of the Country Club Place Subdivision, said public rights -of -way, being located north of Interstate Highway 37 right -of -way, subject to compliance with the specified conditions. This item was continued at the Council meeting of January 11, 2011 to February 8, 2011 in order to allow time for the property owners' agent comply with staff conditions. ISSUE: City of Corpus Christi is requesting the street abandonment and vacation to help alleviate any and all cost by the City for the public maintenance of the public street right -of -way in the immediate area and to control access to the area. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9 requires Council approval to abandon and vacate any portion of street rights -of -way. City Charter Article X, Paragraph 11, requires a public hearing prior to the vacating and abandonment of any street rights -of -way. IMPLEMENTATION SCHEDULE: Upon approvai by Council and issuance of the ordinance in accordance with City of Corpus Christi, Code of Ordinances §49 -12 (a), all grants of establishment or closing of public streets, alleys, or other public ways street closure must be recorded in the real property records of the county in which the property is located. Prior to permitting any construction on the land, an up -to -date survey, abstracted for ail streets, alleys, or public ways, and items of record must be submitted to the Assistant City Manager for Engineering and Development Services. RECOMMENDATION: Staff recommends approval of the ordinance /as presented. Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map Juan Perales, J ., P.E. Assistant City anager Engineering and Development Services Email: JohnnyP @cctexas.com Telephone: 361- 826 -3828 H:IPLN- DIRISPECIAL SERVICEM ILLIE MEDINAICITY COUNCIL AGENDA 20101STR- CLO \N. COUNTRY CLUB PLICOUNCIL AGENDA MEMO.DOC —245— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: The City of Corpus Christi, is requesting the abandonment and vacation of an 89,683 - square foot portion of the North Country Club Place and South Country Club Place public street rights -of -way, located north of Interstate Highway 37 right -of -way. The public rights -of -way to be abandoned and vacated are located in an "R -1 B" One- Family Dwelling District. City of Corpus Christi is requesting the street abandonment and vacation to help alleviate any and all cost by the City for the maintenance of the public street rights -of -way in the immediate area and to control unauthorized access to the area. On Monday, November 22, 2010, the Traffic Advisory Committee held a meeting to discuss the proposed street closure. The street closure was endorsed by the Traffic Advisory Committee. The public rights -of -way to be abandoned and vacated will become a controlled private access easement to provide continuous access to the property owners in the area. All public and franchised utilities were contacted. All existing utilities will remain in place. The existing right -of -way will remain as a utility easement. If the property owners wish to vacate the utility easement at some point in the future, the existing utilities must be relocated at the owners' expense. Staff recommends that the Owners pay the net fair market value of $24,665.00 for the abandonment and vacating of the 89,683- square foot portion of the North Country Club Place and South Country Club Place public street rights -of -way. Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting any construction, an up- to-date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Development Services Engineer. The Owners have been advised of and concur with the conditions of the right -of -way abandonment. EXHIBIT A W:SPLN- DIR\SPECIAL SERVICESIWILLIE MEDINASCITY COUNCIL AGENDA 2016SSTR- CLOSN. COUNTRY CLUB PLSCOUNCIL AGENDA MEMO.BCKGRND INFO.DOC —246— EXHIBIT B Page 1 of 9 ORDINANCE Page 1 of 3 ABANDONING AND VACATING AN 89,683- SQUARE FOOT PORTION OF THE NORTH COUNTRY CLUB PLACE AND SOUTH COUNTRY CLUB PLACE PUBLIC STREET RIGHTS -OF -WAY, OUT OF THE COUNTRY CLUB PLACE SUBDIVISION, THE PUBLIC RIGHTS -OF- WAY BEING LOCATED NORTH OF THE INTERSTATE HIGHWAY 37 RIGHT -OF -WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, the fee simple owners of the servient estate, Citgo Refining and Chemicals, Flint Hill Resources, Magellan Terminal Holdings, and Markwest Javelina Co., LLC., through their agent Citgo Refining and Chemicals ( "Owners' Agent) are requesting the abandonment and vacation of an 89,683 - square foot portion of the North County Club Place and South Country Club Place public street rights -of -way, out of the Country Club Place Subdivision, the public rights -of -way being located north of the Interstate Highway 37 right -of -way. The rights -of -way to be abandoned and vacated are located in a "R- IB" One - Family Dwelling District; WHEREAS, with proper notice to the public, public hearing was held on Tuesday, January 11, 2011, during a meeting of the City Council, in the Council Chambers, at City Halt, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate an 89,683- square foot portion of the North County Club Place and South Country Club Place public street rights-of-way, subject to the provisions below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. An 89,683- square foot portion, out of the Country Club Place Subdivision, being North County Club Place and South Country Club Place public street rights -of- way, located just north of Interstate Highway 37 right -of -way, as recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas, and as is shown on Exhibits A, B, and C (the metes and bounds description of the public rights- of -way being abandoned and vacated, a three page drawing depicting public rights- of-way being abandoned and vacated, and a map showing the ownership of the servient estates), is abandoned and vacated, subject to compliance with the conditions specified in Section 2 below. SECTION 2. The abandonment and vacation of the public street rights -of -way in Section 1 is conditioned upon compliance with the following: a. That the Owners' Agent pay the fair market value of $24,665.00, for the total of the property interest released by the City, which is an 89,683 - square foot portion of North County Club Place and South Country Club Place public street Country Club Place ROW Closure Ord 12302010a —247— EXHIBIT B Page 2 of 3 Page 2 of 9 rights -of -way, out of the Country Club Place Subdivision, acquired by owners through this abandonment and vacation action, under Code of Ordinances §49- 12 (c). The payment must be tendered prior to City Council action. b. All of the abandoned and vacated rights -of -way must be maintained and dedicated as public utility easements. c. Within 180 days of the approval of this ordinance, the owners or the Owners' Agent shall record, at the owners' expense, the grant of the closing of the public street rights of way and retention of the public utility easements in the real property records of Nueces County, Texas, as required by §49- 12(a), Code of Ordinances. d. Prior to permitting any construction on the land, an up -to -date survey, abstracted for all streets, alleys, or public ways and items of record (such as public rights -of -way and easements), must be submitted to the Director of Development Services, as required by §49- 12(a), Code. of Ordinances, Country Club Place ROW Closure Ord 12302010a —248— EXHIBIT B Page 3 of 9 Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form: This 30th day of December, 2011: Carlos Valdez City Attorney Country Club Place ROW Closure Ord 12302010a -249- EXHIBIT B Page 4 of 9 North & South Country Club Place Street Closure - #8598 STATE OF TEXAS COUNTY OF NUECES BEING a variable width street right-of-way known as North Country Club Place and South Country Club Place containing 2.06 Acres (89,683 Sq. Ft.) out of Country Club Place, as shown on plat thereof recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas. This 2.06 Acre tract being more particularly described by metes and bounds as follows: COMMENCING at a Found 5/8" Iron Rod on the northwesterly right -of -way of Poth Lane at the easterly corner of Lot 11 -A as described in Volume 1395, Page 134 of the Deed Records of Nueces County, Texas and shown on Plat of Country Club Place recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas; THENCE S29 °51'521W along the northwesterly right -of -way of Poth Lane, a distance of 109.43' to a point on the northerly right-of-way Interstate Highway 37; THENCE N87 °34'54 1W along the northerly right -of -way of Interstate Highway 37, a distance of 261.11' to the Point of Beginning of this tract; THENCE S89 118'16' W continuing along the northerly right -of -way of Interstate Highway 37, a distance of 60.23' to a Found 5/8' Iron Rod on the westerly boundary line of Lot 57, said Country Club Place, the beginning of a curve concave to the southwest whose radius point bears N87 °49'23' W a distance of 78.48 THENCE along said curve having central angle of 67 °14'35 ", a radius of 78.48', and a length of 92.11' to a Point on the northerly boundary line of said Lot 57; THENCE N60 °26'07 "W along Lots 56 and 57, said Country Club Place, a distance of 163.83' to a Point, the beginning of a curve concave to the south whose radius point bears S16°46111' W a distance of 99.58'; THENCE along said curve having central angle of 73 °25'36 ", a radius of 99.58', and a length of 127.61' to a Point at the northerly corner of Lot 55, said Country Club Place; THENCE S26 °22'55' W along said Lot 55, a distance of 100.68' to a Point on the northerly right - of -way line of Interstate Highway 37; THENCE S87 °31'09 "W along Interstate Highway 37, a distance of 91.59' to a found TxDOT Highway Monument; THENCE N27 °26'21 "E along Lots 39, 40, and 41, said Country Club Place, a distance of 160.54' to a found 5/8" Iron Rod, the beginning of a curve concave to the west whose radius point bears N66 °41'28 "W a distance of 92.58'; EXHIBIT A Page 1 of 2 -250- EXHIBIT B Page 5 of 9 THENCE along said curve having central angle of 79611'18 ", a radius of 92.58', and a length of 127.95' to a Point on the northerly boundary of said Lot 39, said Country Club Place; THENCE N59 °47'10' W along Lots 38 and 39, said Country Club Place, a distance of 163.00' to a Point, the beginning of a curve concave to the south whose radius point bears S20 645145' W a distance of 98.94'; THENCE along said curve having central angle of 71 00302", a radius of 98.94', and a length of 122.69' to a Point on the northerly corner of Lot 37, said Country Club Place; THENCE 527°03'36'W along Lot 34 through 37, said Country Club Place, a distance of 312.00' to a Point on the northerly right -of -Way line of Interstate Highway 37; THENCE 583607'36'W along interstate Highway 37, a distance of 73.10' to a Point on the easterly boundary line of Lot 25, said Country Club Place; THENCE N26 655'52 "E along Lots 22 through 25, said Country Club Place, a distance of 342.86' to a Found 518" Iron Rod, the beginning of a curve concave to the south whose radius point bears S60 °20'59 "E a distance of 149.46'; THENCE along said curve having central angle of 84 °23'48 ", a radius of 149.46', and a length of 220.15' to a Found 518" Iron Rod at the southwesterly corner of Lot 18B, Country Club Place as recorded in Volume 45, Page 240 of the Map Records of Nueces County, Texas; THENCE S59 °58'47 "E along Lots 12 through 18B, said Country Club Place, a distance of 585.56' to a Point, the beginning of a curve concave to the west whose radius point bears S30 °29'46' W a distance of 139.81'; THENCE along said curve having central angle of 57 °56'20 ", a radius of 139.81', and a length of 141.38' to the POINT AND PLACE OF BEGINNING and containing 2.06 Acres (89,683 Sq. Ft.) of land. Bearings are based on State Plane Grid Coordinates, Texas South Zone, NAD83 as per the City of Corpus Christi Monument "SN 160 ". State of Texas County of Nueces I, Russell D. Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. This the 30T" day of November, 2010 t.ii%Azd, Russell D. Ochs State of Texas License No. 5,241 EXHIBIT A Page 2 of 2 —251— TOTAL LAYOUT MAGELLAN TERMINAL HOLDINGS. LP. NOTES- LOCATION MAP NOT TO SCALE -AMP TO ACCOMPANY FJELO NOTES — BEARINGS ARE BASED ON STATE PLANE GRID COORDINATES. TEXAS SOUTH ZONE, MAD 83, ANO BASED ON CITY OF CORPUS CHRISTI GPS MONUMENT 'SN T607, NORTHING A P7, I62 765. f6, FASTING - 1,316,963.37. — BASIS OF BEARINGS IS A COLLIMATION OF THE NORTH BOUNDARY UNE OF CatAWRY CLUB PLACE, THE NORTH RICHT—OF—WAY UNE OF INTERSTATE HIGHWAY .37 AS PER TXDOT OATH. AND FIELD 06SERYAT)ONs INTERSTATE HIGHWAY 37 FRONTAGE ROAD SF TOTAL AREA OF STREET CLOSURE 2.06 ACRES (89,683 SQ. FT.) 200 LEGEND • END. IRON ROD OO END. IRON PIPE D FMO. TX DDT MONUMENT 00 Scale In Feet STREET CLOSURE — COUNTRY CLUB PLACE ADDITION OWNER: CITY OF CORPUS CHRISTI BEING A TRACT OF 1.4NO CONTAINING 2.06 ACRES (89.683 SO. !"l.J. OUT OF INE COUNTRY CLUB PLACE AS SHOWN IN VOLUME 4, PAGE 3. MAP RECORDS OF NUECES COUNTY, TEXAS. AND BEING THE RIGHT—OF—WAY OF SAID COUNTRY CLUB PLACE. CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services Survey Division 361-826--3551 Drawn By: A. JIMENEZ Checked By. 0. NESMITH 1i/23/2010 Project: 8598 Fi1e:CAPROUECTS`OEM 761\COUNTRY CLUB PLACEASHEET f.OWC SHEET 1 OF 3 IEGENO • ENO. IRON ROD O END. IRON PIPE 17 END. TX DOT MONUMENT O 36" METAL POWER POLE FPOWER POLE GUY WIRE GAS VALVE _L PIPELINE MARKER IC TELEPHONE RISER 15 MAGELLAN TERMINAL HOLDINGS, LP. o`` 4j CHAIN UNK FENCE it k 1-A VOL 1395, PG. 134 D.R.N.C.T. 36" POWER POLE TRANSMISSION UNE 11-8 VOL 997, P05. 525-526 D.R.N.C.7. INTERSTATE HIGHWAY 37 FRONTAGE ROAD TOTAL AREA OF STREET CLOSURE 2.06 ACRES (89,683 SQ. FT.) NOTES: -MAP TO ACCOMPANY RE,W NOTES -BEARINGS ARE BASED ON STATE PLANE GRID COORDINATES, TERAS SOUTH ZONE, HAD 83, ANO BASED ON CITY OF CORPUS CHRISTI GPS MONUMENT 'SN I60". NORTHING .. 17,152.765.16, EASING - 1,316,963.37. -BASIS OF BEARINGS I5 A COLLIMATION OF THE NORTH BOUNDARY UNE OF COUNTRY CLUB PLACE THE NORTH RICHT-OF-WAY UNE OF INTERSTATE HIGHWAY 37 AS PER TXDOT DATA AND FIELD OBSERVATIONS 1487-34'54'W 261.11 P.O.B. TX DOT MON BEARS 5 11'S:i'20" W - 2.05' P.O.C. 5/8" LR. UNE TABLE UNE BEARING DISTANCE 11 5 59'18'1 W 60.23 1.2 5 8T31'09 W 91.59 1_3 SEE SHEET 3 73'25'36' CURVE TABLE CURVE DELTA RADIUS -ARC LENGTH TANGENT C1 67'14'355" 76.49 92.11 52.19 e2 73'25'36' 99.55 127.61 74.26 C3 SEE SHEET 3 C4 SEE SHEET 3 C5 SEE. SHEET 3 C6 _ 5756'20'1139,51 I 141.38 1 77.40 100 1 00 Scale In Feet STREET CLOSURE — COUNTRY CLUB PLACE AODA7ON OWNE17• CITY OF CORPUS CHRls7T BEING A TRACT OF IMO CONTAINING 2.06 ACRES (84,683 SO. FT.). OUT OF THE COUNTRY CLUB PLACE, AS SHOWN IN VOLUME 4, PAGE .x MAP RECORDS OF NUECES COUNTY, TEXAS, AND DEM THE RIGHT-OF-WAY OF SAID COUNTRY CLUB PLACE CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division 361-828-J551 Drawn By: A JIMENEZ' 11/23/2010 Checked 8y 0. NESMITH Project: 8598 Frle:C: jPRoJECTS\COUNTRY CLUB PLACE\DWG\SHEEr 2.DWG SHEET 2 OF 3 8 1181HX3 81181HX3 LEGF,ND • FAD. IRON R00 PIPELINE O FWD. IRON PIPE ♦ MARKERS -.4. O FND. -TX DOT MONUMENT LL) • 36` METAL POWER POLE g O POWER POu TFI G • r' 3. e GUY WIRE LE G A•. 20 A GAS VALVE up` CHAIN LINK VOL. rEraCE L PIPEUNE MARKER 91 TELEPHONE RISER ay 21 P i 4l 22 1i p4p��.-r. I1 • Fl' NI 19 4.16 `4. 48 4/11,5 198 HC'Odr 44s,r 41.4 f POWER POLE qW 23 POWER POLE 43. o 25 - GAS VALVE 36" POWER POLE TRANSMISSION UNE WATER VALVE FELE. RISER 26 NOTES: INTERSTATE HIGHWAY 37 - MAP TO ACCOMPANY FIELD NOTES -BEARINGS ARE BASED ON STATE PLANE GRID COORDINATES. TEXAS SOUTH ZONE, NAD 83. AND RASED ON CITY OF CORPUS CHRISTI GPS MONUMENT 'SN 160", NORTHING - 17,182,765.16, EISRNG - 1.316,963.37. - BASIS OF BEARINGS IS A COLLMINATYON OF THE NORTH 8OUNOARY UNE OF COUNTRY CLUB PLACE. THE NORTH RICHT-OF-WAY UNE OF INTERSTATE HIGHWAY 37 AS PER TXDOT DATA, AND FIELD 08SERVATHINS FRONTAGE ROAD TOTAL AREA OF STREET CLOSURE 2.06 ACRES (89,683 SQ. FT.) UNE TABLE UNE BEARING 1 DISTANCE LI L2 EBT3109E Ii�Fs W 91.59 13 S 93137'36' W 73.10 CURVE TABLE CURVE DELTA 1 RADIUS -ARC LENGTH !TANGENT C1 SEE SHEET 2 02 SEE SHEET 2 03 79-11'16r 92.8 127.95 76.57 C4 71'03'02_ 96.94 122.69 70.64 9.46 2@HE 220.15 135 51 C5 64 3' 2 100 0 100 00 Scala In Feet STREET CLOSURE - COUNTRY CLUB RACE ADOi111ON OWNER: CITY OF CORPUS CHRISTI BONG A TRACT OF LAND CONTAINNVG 2.06 ACRES (89.683 SQ. FT.,1, OUT OF 11rf COUNTRY CLUB PLACE AS SHOWN IN VOLUME 4, PAGE 3, MAP RECORDS OF NIECES COUNTY. TEVAS. AND 80110 THE RICHT-0F-WAY OF SA10 COUNTRY CLUB PLACE. 6747 IrOPZIV CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services Survey Division J61-826-3557 Arnim By: A. JIMENEZ Cheekced By: 0. NESMITH 11/23/2010 Project: 8598 Tile:C:\PRO.ECTS\COUNTRY CLUB PLACE'1AWG\SHEET 3.Aww SHEET 3 OF 3 UNTRY CLUB PLACE STREET CLOSURE Citgo Refining and Chemicals ►e*�� Markwesi:.Javellna Co. 1:=1 .Flint Hills Resources MMagellan Terminal Holdings INTERSTATE 37 INTERSTATE 37 W E PROPOSED STREET CLOS RU E\ kH 0 150 300 mom im=Feet N COUNTRY CLUB PLACE Proposed Public Right of Way Closure Or A fr/i8/2010 Prepared By: SRR Department atDevelopment Services EXHIBIT C Page 1 of 2 -256- 2 'v r 2 0 2 v 0 r ti m 0 m 0) m m a z 0 0 0 z 0 ✓ 0 c1 z a �o N CJ1 p 19 z 0 0 2 2 2 A r ao r nl ED' 0 r 0 0 0 z ro 0 0 rn - 0X CD N W O_ c) TOTAL LAYOUT MAGELLAN TERMINAL HOLDINGS. LP. NOTES: lVE Oak -T-- , Por' LOCATION MAP NOT TO SCALE. 1 - MAP TO ACCOMPANY FIELD NOTES - BEARINGS ARE BASED ON STATE PLANE GRID COORDINATES. TEXAS SOUTN ZONE, NAD 83. AND BASED ON CRY OF CORPUS CHRISTI GPS MONUMENT "SN 160", NORTHING a 17.182.765.16. FASTING (.316.963.37. - 64515 OF BEARINGS IS A COLLMiNATION OF THE NORTH BOUNDARY LINE OF COUNTRY CLUB PLACE. THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY .37 AS PER TXDOT DATA, AND FIELD OBSERVATIONS INTERSTATE HIGHWAY 37 FRONTAGE ROAD TOTAL AREA OF STREET CLOSURE 2.08 ACRES (89.683 SQ. FT.) LEGEND • FHO. IRON ROD • FNO. IRON PIPE Q FAD. TX DOT MONULIENT 200 00 Scale In Feet STREET CLOSURE - COUNTRY GYUB PLACE ADDRION OWNER: CITY OF CORPUS CHRISTI BEING A TRACT OF LAND CONTANIIIIG Z.O6 ACRES (69.683 SO. PT), our OF THE COUNTRY CLUB PLACE A5 SHOWN IN VOLUME 4, PAGE 3, MAP RECORDS OIF NUECES COUNTY. TEXAS, AND DUNG RAE RICHT-OF-WAY OF SAID COUNTRY CLUB PLACE 1i•g MOW CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Makin 361-626-3557 Drown By. A. JIMENEZ Checked .8y 0. NESMITH 71/23/2010 Project: 8598 Fide:C:\PROJEC751DEM 761{CDUN1RV CLUB PIACEISHEET a.DWI Pagel of 3 ORDINANCE ABANDONING AND VACATING AN 89,683- SQUARE FOOT PORTION OF THE NORTH COUNTRY CLUB PLACE AND SOUTH COUNTRY CLUB PLACE PUBLIC STREET RIGHTS -OF -WAY, OUT OF THE COUNTRY CLUB PLACE SUBDIVISION, THE PUBLIC RIGHTS -OF- WAY BEING LOCATED NORTH OF THE INTERSTATE HIGHWAY 37 RIGHT-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, the fee simple owners of the servient estate, Citgo Refining and Chemicals, Flint Hill Resources, Magellan Terminal Holdings, and Markwest Javelina Co., LLC., through their agent Citgo Refining and Chemicals ( "Owners' Agent) are requesting the abandonment and vacation of an 89,683 - square foot portion of the North County Club Place and South Country Club Place public street rights -of -way, out of the Country Club Place Subdivision, the public rights -of -way being located north of the Interstate Highway 37 right -of -way. The rights -of -way to be abandoned and vacated are located in a "R- IB" One - Family Dwelling District; WHEREAS, with proper notice to the public, public hearing was held on Tuesday, January 11, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate an 89,683- square foot portion of the North County Club Place and South Country Club Place public street rights -of -way, subject to the provisions below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST!, TEXAS, THAT: SECTION 1. An 89,683 - square foot portion, out of the Country Club Place Subdivision, being North County Club PIace and South Country Club Place public street rights-of- way, located just north of Interstate Highway 37 right-of-way, as recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas, and as is shown on Exhibits A, B, and C (the metes and bounds description of the public rights- of -way being abandoned and vacated, a three page drawing depicting public rights- of -way being abandoned and vacated, and a map showing the ownership of the servient estates), is abandoned and vacated, subject to compliance with the conditions specified in Section 2 below. SECTION 2. The abandonment and vacation of the public street rights -of -way in Section 1 is conditioned upon compliance with the following: a. That the Owners' Agent pay the fair market value of $24,665.00, for the total of the property interest released by the City, which is an 89,683- square foot portion of North County Club Place and South Country Club Place public street Country Club Place ROW Closure Ord 12302010a —258— Page 2 of 3 rights - of-way, out of the Country Club Place Subdivision, acquired by owners through this abandonment and vacation action, under Code of Ordinances §49- 12 (c). The payment must be tendered prior to City Council action. b. All of the abandoned and vacated rights -of -way must be maintained and dedicated as public utility easements. c. Within 180 days of the approval of this ordinance, the owners or the Owners' Agent shall record, at the owners' expense, the grant of the closing of the public street rights of way and retention of the public utility easements in the real property records of Nueces County, Texas, as required by §49- 12(a), Code of Ordinances. d. Prior to permitting any construction on the land, an up -to -date survey, abstracted for all streets, alleys, or public ways and items of record (such as public rights -of -way and easements), must be submitted to the Director of Development Services, as required by §49- 12(a), Code of Ordinances. Country Club Place ROW Closure Ord 123020105 —259— That the foregoing or on this the Page 3 of 3 Ornce was read for the first time and passed to its second day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form: This 30th day of December, 2011: Carlos Valdez City Attorney Country Club Place ROW Closure Ord 12302010a —260— North & South Country Club Place Street Closure - #8598 STATE OF TEXAS COUNTY OF NUECES BEING a variable width street right -of -way known as North Country Club Place and South Country Club Place containing 2.06 Acres (89,683 Sq. Ft.) out of Country Club Place, as shown on plat thereof recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas. This 2.06 Acre tract being more particularly described by metes and bounds as follows: COMMENCING at a Found 5/8" Iron Rod on the northwesterly right -of -way of Path Lane at the easterly corner of Lot 11 -A as described in Volume 1395, Page 134 of the Deed Records of Nueces County, Texas and shown on Plat of Country Club Place recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas; THENCE S29 °51'52'W along the northwesterly right- of-way of Poth Lane, a distance of 109.43' to a point on the northerly right -of -way Interstate Highway 37; THENCE N87 °34'54 "W along the northerly right -of -way of Interstate Highway 37, a distance of 261.11' to the Point of Beginning of this tract; THENCE S89°1816"W continuing along the northerly right -of -way of Interstate Highway 37, a distance of 60.23' to a Found 518" Iron Rod on the westerly boundary line of Lot 57, said Country Club Place, the beginning of a curve concave to the southwest whose radius point bears N87 °49'23'W a distance of 78.48'; THENCE along said curve having central angle of 67 °14'35 ', a radius of 78.48', and a length of 92.11' to a Point on the northerly boundary line of said Lot 57; THENCE N60 °26'07'W along Lots 56 and 57, said Country Club Place, a distance of 163.83' to a Point, the beginning of a curve concave to the south whose radius point bears S18 °46'11'W a distance of 99.58'; THENCE along said curve having central angle of 73 °25'36 ", a radius of 99.58', and a length of 127.61' to a Point at the northerly corner of Lot 55, said Country Club Place; THENCE S26 °22'55 'W along said Lot 55, a distance of 100.68' to a Point on the northerly right - of -way line of Interstate Highway 37; THENCE S87 °31'09'W along Interstate Highway 37, a distance of 91.59' to a found TxDOT Highway Monument; THENCE N27 °26'21 "E along Lots 39, 40, and 41, said Country Club Place, a distance of 160.54' to a found 5/8" Iron Rod, the beginning of a curve concave to the west whose radius point bears N66 °41'28 "W a distance of 92.58'; THENCE along said curve having central angle of 79 °11'18 ", a radius of 92.58', and a length of 127.95' to a Point on the northerly boundary of said Lot 39, said Country Club Place; THENCE N59 °47'10' W along Lots 38 and 39, said Country Club Place, a distance of 163.00' to a Point, the beginning of a curve concave to the south whose radius point bears S20 °45'45'9 a distance of 98.94'; THENCE along said curve having central angle of 71 °03'02 ", a radius of 98.94', and a length of 122.69' to a Point on the northerly corner of Lot 37, said Country Club Place; THENCE S27°03'36'W along Lot 34 through 37, said Country Club Place, a distance of 312.00' to a Point on the northerly right -of -way line of Interstate Highway 37; THENCE S83°07'36'W along Interstate Highway 37, a distance of 73.10' to a Point on the easterly boundary line of Lot 25, said Country Club Place; THENCE N26 °55'52 "E along Lots 22 through 25, said Country Club Place, a distance of 342.86' to a Found 518" Iron Rod, the beginning of a curve concave to the south whose radius point bears S60 °20`59 "E a distance of 149.46'; THENCE along said curve having central angle of 84 °23'48 ", a radius of 149.466', and a length of 220.15' to a Found 518" Iron Rod at the southwesterly corner of Lot 18B, Country Club Place as recorded in Volume 45, Page 240 of the Map Records of Nueces County, Texas; THENCE S59 °58'47 "E along Lots 12 through 188, said Country Club Place, a distance of 585.56' to a Point, the beginning of a curve concave to the west whose radius point bears S30 °29'461 W a distance of 139.81'; THENCE along said curve having central angle of 57 °56'20 ", a radius of 139.81', and a length of 141.38' to the POINT AND PLACE OF BEGINNING and containing 2.06 Acres (89,683 Sq. Ft.) of land. Bearings are based on State Plane Grid Coordinates, Texas South Zone, NAD83 as per the City of Corpus Christi Monument "SN 160 ". State of Texas County of Nueces 1, Russell D. Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. This the 30TH day of November, 2010 L L c��'. k� :L �.: �)L- Russell D. Ochs State of Texas License No 5,241 -262- X I -N CO 1:11. ( LOCATION ` Cp. CQG CO/!tid $� 40� r lam /= � Y TOTAL LAYOUT MAGELLAN TERMINAL HOLDINGS, LP. NOTES: LOCATION MAP NOT TO SCALE cr U - MAP TO ACCOMPANY FIELD NOTES - BEARINGS ARE BASED ON STATE PLANE GRID COORDINATES, TEXAS SOUTH ZONE NAO 83, AND BASED ON CITY OF CORPUS CHRISTI GPS MONUMENT 'SN 160: NORTHING a 17,182,765.16, FASTING - 1,316,963.37. - BASIS OF BEARINGS I5 A COLLABNATION OF THE NORTH BOUNDARY UNE OF COUNTRY CLUB PLACE, THE NORTH RIGHT-OF-WAY PER TXOQTDATA,fNANo OF INTERSTATE OBSHIGHWAY 37 AS OBSERVATIONS INTERSTATE HIGHWAY 37 FRONTAGE ROAD r� TOTAL AREA OF STREET CLOSURE 2.06 ACRES (89,683 SQ_ FT.) ti cfrz- LEGEND • END. IRON ROD Q END. IRON PIPE Q FWD. TX DOT MONUMENT 200 00 Scale In Feet S7REkT CLOSURE — C1OUN71Y CLUB PLACE ADW1JON OWNER: CITY OF CORPUS CHRISTI BEING A TRACT OF LAND CONTAIMNG 2.06 ACRES (89.683 SO. FT:), OUT OF THE COUNTRY CLUB PLACE. AS SHOWN IN VOLUME 4, PAGE 3, MAP RECORDS of NUECES COUNTY, TEXAS, AND BEING THE RIGHT -OF --WAY OF SAID COUNTRY CLUB PLACE. CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division 361-826-3551 Drown 6y: A. JIMENEZ Checked 8y. 0. NESMITH 1T/2472010 Project: 8598 F3le:C: ‘PROJECTS\DEM 76l `COUNTRY CLUB PL4CE`SHEET T,DW[ SHEET 1 OF 3 LEGEND • FND. IRON ROD D FND. IRON PIPE FND. TX DOT MONUMENT 0 36" METAL POWER POLE 0 POWER POLE E- GUY WIRE A GAS VALVE PIPELINE MARKER "> © TELEPHONE RISER cS h 15 14 L-<c)c• '1/ T 13 AC 1-7 12 `?8 MAGELLAN TERMINAL HOLDINGS, LP. Li INTERSTATE HIGHWAY 37 FRONTAGE ROAD TOTAL AREA OF STREET CLOSURE 2.06 ACRES (89,683 SQ. FT.) NOTES: -MAP TO ACCOMPANY FIELD NOTES -BEARINGS ARE BASED ON STATE PLANE GRID COORDINATES. TEXAS SOUTH ZONE, HAD 83, AND BASED ON CITY OF CORPUS CHRIST! GPS MONUMENT $N lacr, NORTHING .+ f 7,182,765. f 6, LASTING - 1.316,963.37. -BASIS OF BEARINGS 15 A COLLIMATION OF THE NORTH BOUNDARY UNE OF COUNTRY CLUB PLACE THE NORTH RICHT-OF-WAY LINE OF INTERSTATE HIGHWAY 37 AS PER TXDOT DATA, AND FIELD OBSERVATIONS 97.71 11 CHAIN LINK FENCE 11-A VOL 1395, PG. 134 D.R.N.C.T. 36" POWER POLE TRANSMISSION LINE o 11--9 VOL 997. PGS. 525-528 D.R.N.C.T. 163.40 of NBT34'54111 261.11 P.0.8. TX DOT MON BEARS 5 11'511'20" W - 2.05' .h1' ti 4 4 P.O.C. FND. 5/8" I.R. UNE TABLE UNE BEARING DISTANCE Ll 5 89.18'16` W 60.23 L2 5 6T31'09" W 91.59 L3 SEE SHEET 3 C2 CURVE TABLE CURVE DELTA RADIUS ARC LENGTH ' TANGENT C1 67'14'35" 78.48 92.11 52.19 C2 73'25'36" 99.56 127.61 , 74.26 C3 SEE SHEET 3 C4 SEE SHEET 3 C5 SEE SHEET 3 C6 57'56120" 1 139.61 1 141.38 1 77.10 100 O 100 Z00 Scale in Feet STREET CLOSURE - COUNTRY CLUB PLACE AOD1170N OWNER: CITY OF CORPUS CHRISTI BEING A TRACT OF LAND CONTAINING 2.06 ACRES (89,683 SO. FT), OUT OF THE COUNTRY CLUB PLACE, AS SHOWN IN VOLUME 4, PAGE 3. MAP RECORDS OF NUECES COUNTY. TEXAS, AND BEING THE RIGHT-OF-WAY OF SAID COUNTRY CLUB PLACE CITY of CORPUS CHRISTI, TEXAS department of Engineering Services Survey Division 361-826-J551 Drawn By: A. JIMENEZ Checked 8y' O. NESMITH 11/23/2010 Project: 8598 FIIe:CAPROJECTS\COUNTRY CLUB PLACE\OWCjSHEET 2.DWG SHEET 2 OF 3 LEGEBIl ■ FND. IRON ROD es FND. IRON PIPE Q FID. TX DOT MONUMENT O 36` METAL POWER POLE O POWER POLE E- GUY WIRE GAS VALVE . PIPELINE MARKER 19 TELEPHONE RISER dc' G1 0.7 PIPELINE MARKERS CHAIN LINK FENCE cC VOL - LE*°c T. CL LJM fJ rR T _ 3, 19 4.. ,SAE 74.16 ptab o .44p 198 R~�l ''va Atite 21 22 POWER POLE. jt v : POWER POLE r 36" POWER POLE TRANSMISSrON UNE WATER VALVE 25 Ory TELE. RISER 26 - GAS VALVE NOTES: INTERSTATE HIGHWAY 37 - MAP TO ACCOMPANY FIELD NOTES - BEARINGS ARE BASED ON STATE PLANE GRID COORDINATES. TEXAS SOUTH ZONE NAD 83, ANO BASED ON cur OF CORPUS CHRIST[ GPS MONUMENT "SN 160: NORTHING p 17.182.765.16. EASRNG - 1,316.963.37. - BASIS OF BEARINGS IS A COLLMINA7ION OF THE NORTH BOUNDARY LINE OF COUNTRY CLUB PLACE THE NORTH RIGHT-OF-WAY UNE OF INTERSTATE HIGHWAY 37 AS PER TXDOT DATA AND FIELD OBSERVATIONS FRONTAGE ROAD TOTAL AREA OF STREET CLOSURE 2.08 ACRES (89,683 SQ. FT.) 100 UNE TABLE CURVE UNE BEARING 1 DISTANCE 11 SEE SHEET. 2 SEE SHEET 12 5 6T31 09 W 91.59 13 5 83"07j6" W 73.10 CURVE TABLE CURVE DELTA 1 RADIUS 1 ARC LENGTH' TANGENT C1 SEE SHEET 2 C2 SEE SHEET 2 G3 79'11'16:92.58 127.95 76.57 C4 71'03'02 98.94 122.69 70.64 C5 84'23'4 149.46 220.15 13551 C6 SEE SHE^ 2 00 00 Scale In Feet S7REET CLOSURE - COUNTRY CLUB PLACE ADDITION OWNER: CRY OF CORPUS CHRISTI BEING A TRACT OF LAND CONTAINING 2.06 ACRES (89.683 SO. FT}, our OF 114E COUNTRY CLUB PLACE, AS SHOWN IN VOLUME 4, PAGE 3, MAP RECORDS OF NUECES COUNTY. TEXAS. AND BEING THE RICHT-OF-WAY OF SAID COUNTRY CLUB PLACE. CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division 361-826--3551 Drawn By: A. JIMENEZ Checked By: 0. NESM ITH 11/23/2010 Project:. 8598 Fi1e:C: \PRDUECTS‘COUNTRY CLUB PLACE`DW0 SHEET 3.DWG SHEET 3 OF 3 COUNTRY CLUB PLACE STREET CLOSURE V VA Citgo Refining and Chemicals Markwest Javelina Co. Flint Hills Resources Magellan Terminal Holdings INTERSTATE 37 INTERSTATE 37 INTE 12 NO ATTACHMENT FOR THIS ITEM 13 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Ordinance ordering a General Election to be held on May 14, 2011, in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing the City Secretary to contract with the Nueces County Election Officer for equipment and supplies necessary to conduct the election; authorizing joint election agreements with Flour Bluff Independent School District and London Independent School District; selection of June 11, 2011, as the Runoff Election date, if one is necessary; enacting provisions incident and relating to the subject and purpose of this ordinance. REQUIRED COUNCIL ACTION: Adoption of proposed ordinance. PREVIOUS COUNCIL ACTION: N/A RECOMMENDATION AND CONCLUSION: Staff recommends Council adopt the proposed ordinance and order the regular City election to be held on Saturday, May 14, 2011, with a runoff date, if necessary, on Saturday, June 11, 2011. Armando Chapa City Secretary AN ORDINANCE ORDERING A GENERAL ELECTION TO BE HELD ON MAY 14, 2011, IN THE CITY OF CORPUS CHRISTI FOR THE ELECTION OF MAYOR AND EIGHT COUNCIL MEMBERS; PROVIDING FOR PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF BRANCH EARLY POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING THE CITY SECRETARY TO CONTRACT WITH THE NUECES COUNTY ELECTION OFFICER FOR EQUIPMENT AND SUPPLIES NECESSARY TO CONDUCT THE ELECTION; AUTHORIZING JOINT ELECTION AGREEMENTS WITH FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT AND LONDON INDEPENDENT SCHOOL DISTRICT; SELECTION OF JUNE 11, 2011, AS THE RUNOFF ELECTION DATE, IF ONE IS NECESSARY; ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE WHEREAS, the City Charter provides for the holding of a regular City election for Mayor and Council Members in the City of Corpus Christi, on the second Saturday in May in odd - numbered years, the same being May 14, 2011; with a runoff election, if required to be held on Saturday, June 11, 2011; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that municipal authorities shall order elections pertaining to municipal affairs, and other provisions of the Election Code provide for notice, appointment of officers to hold the election, and other matters related to the holding of the election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A regular City election (hereinafter "the Election ") for a Mayor and eight Council Members shall be held in the City of Corpus Christi, Texas on Saturday, May 14, 2011; SECTION 2. At the Election all qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The names of candidates for the office of Mayor and the names of candidates for the office of the City Council members shall be placed on said ballot in the manner and form prescribed by law. SECTION 4. The eSlate direct recording equipment (DRE) shall be employed at the election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. SECTION 5. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law. He is directed to request consideration by the U.S. Department of Justice by the submission of any change herein which require preclearance, and providing such demographic data and information as required by law. SECTION 6. The eSlate direct recording equipment shall be used for the conduct of the Election on Election Day and for early voting. Early voting in person at each of the temporary branch polling places shall be conducted from 8:00 am to 5:00 p.m., Monday through Saturday, beginning on May 2, 2011 and ending on May 10, 2011, except that no Saturday (May 7`) voting will be held at City Hall, Nueces County Courthouse, London Middle School, and Flour Bluff Independent School District. Such early voting in person may be conducted at the main early voting polling place located at City Hall in the lobby adjacent to the Utilities Business office, 1201 Leopard, or at the temporary branch polling places hereby established as follows: Northwest Site Westside Site Southside Site Flour Bluff Site Central Site Island Site Election Partner Election Partner Hilltop Community Center Greenwood Senior Citizen Center C.C. Area Council for the Deaf Nueces County Building Nueces County Courthouse Padre Isles Country Club (Laguna Room) London Middle School Flour Bluff ISD (Transportation Bldg.) 11425 Leopard 4040 Greenwood 5151 McArdle 10110 Compton Road 901 Leopard 14353 Commodores 1306 FM 43 2505 Waldron On May 9 and May 10, early voting will be conducted from 7:00 a.m. - 7:00 p.m. at the Main Early Voting Polling Place (City Hall). In addition, early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment B, and then incorporated by reference and made a part of this ordinance, during the days and hours specified therein. The City Secretary is authorized, in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all election precincts. SECTION 7. The City Secretary is directed to post and publish such election notices as are required by the Election Laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said election and is hereby authorized and directed to make all necessary arrangements for the holding of said election in accordance with and subject to the laws of this State, including, but not limited to, contracting on behalf of the City Council with the Nueces County Election Officer in accordance with Chapter 31, Subchapter D, Election Code, for the use of tabulation equipment and supplies for the General Election and Runoff Election, if one is necessary, for costs of the election, in accordance with the Election Services Contract to be executed with Nueces County; and to enter into a Joint Election Agreement with Flour Bluff Independent School District and London Independent School District. The City Secretary is authorized to approve all lawful changes and additions to the procedures provide herein in order to implement such agreement, including, but not limited to, provisions for substations, mobile voting sites and election day polling sites. —275— SECTION 8. That a Runoff Election, should one be required, shall be held on June 11, 2011 pursuant to Sections 41.001 and 41.031 of the Texas Election Code, between the hours of seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m. SECTION 9. By approving and signing this ordinance, the Mayor officially confirms as his action all matters recited in this ordinance which by law come within his jurisdiction. SECTION 10. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 11. This ordinance shall take effect and be in full force and effect from and after its passage. ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI APPROVED: day of February, 2011 CARLOS VALDEZ, CITY ATTORNEY 1 Corpus Christi, Texas —276 -- day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully Respectfully, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong —277— Pct. 1: Pct. 2: Pct. 3: Pct. 4: Pct. 5: Pct. 6: Pct. 7: Pct. 8: Pct. 9: Pct. 15: Pct. 16: Pct. 17: Pct. 18: Pct. 19: Pct. 20: Galvan Elementary School 3126 Masterson Drive Pct. 21: Kiwanis Recreation Center 3933 Timon Boulevard Pct. 24/60: West Oso Jr. High School 5202 Bear Lane Pct. 26: Grace Presbyterian Church 6301 Yorktown Boulevard City of Corpus Christi Election Day Polling Places May 14,2011 First Presbyterian Church 430 S. Carancahua Windsor Park Athena School (Music Rm) 4525 S. Alameda Street The Lakes Master Association 7502 Venice Drive Kostoryz Elementary School (Music Rm) 3602 Panama Drive Hamlin Middle School (Cafeteria) 3900 Hamlin Drive Ethel Eyerly Community Center 654 Graham Road Oak Park Recreation Center 842 Erwin Avenue Ella Barnes Elementary School 2829 Oso Parkway Calallen. Middle School (Maintenance Office) 4602 Cornett Road People's Baptist Church 1355 FM 665 London MiddleSchool 1306 FM 43 Smith Elementary School 6902 Williams Drive Ronnie H. Polston County Bldg - Flour Bluff 10110 Compton Port Aransas Community Center 408 N. Alister Street -278- Attachment A Pct. 29: Luther Jones Elementary School 7533 Lipes Boulevard Pct. 30: Oveal Williams Senior Center 1414 Martin Luther King Drive Pct. 32: Blanche Moore Elementary School 6121 Durant Drive Pct. 33: George Evans Elementary School 1315 Comanche Street Pct. 34: Our Lady of Mt. Carmel Mission 1080 Clarkwood Road Pct. 38: Brooks Chapel 2101 N. Port Avenue Pct. 39/31: Fire Station No. 3 1401 Morgan Avenue Pct. 40: Island Presbyterian Church 14030 Fortuna Bay Drive Pct. 41: Bonilla Plaza 2727 Morgan Avenue Pct. 43/83: Wm. Travis Elementary School (Cafeteria) 3210 Churchill Drive Pct. 44: Zavala Senior Center 510 Osage Street Pct. 45/46: George Wiggins Homes ( Rec. Rm) 2320 Buford Street Pct. 47: Ben Garza Gym 1815 Howard Pct. 48: Korean Presbyterian Church 4326 McArdle Road Pct. 49/111: Scott Vetters Scout Hut 3221 McKinzie Pct. 50/59: Lindale Recreation Center 3133 Swantner Drive Pct. 51: Weldon Gibson Elementary School 5723 Hampshire Road Pct. 53: Sam Houston Elementary School 363 Norton Street Pct. 56: La Armada (Boys & Girls Hall) 1455 Southgate Drive Pct. 57: Del Mar College (Administration Building) 101 Baldwin Boulevard Pct. 58: Menger Elementary School 2401 S. Alameda Pct. 62/85: Wynn Seale Middle School (Main Entrance) 1707 Ayers Street Pct. 63/42: Parkway Presbyterian Church 3707 Santa Fe Pct. 64: Wilson Elementary School 3925 Fort Worth Street Pct. 65: Montclair Elementary School (Music Rm) 5241 Kentner Pct. 66: Fire Station No. 7 3722 S. Staples Street Pct. 67: Kaffie Middle School 5922 Brockhampton Street Pct. 68: City Church 1012 Annapolis Drive a Pct. 69: Baker Middle School (Room 45) 3445 Pecan Street Pct. 70/89: Arrowsmith Apartments (Community Rm) 5701 Williams Drive Pct. 71/95: Lexington Elementary School (Cafeteria) 2901 McArdle Road Pct. 72: Gloria Hicks Elementary School 3602 McArdle Road Pct. 73: James Fannin Elementary School 2730 Gollihar Road Pct. 74: Cunningham Middle School (Cafeteria) 4321 Prescott Street Pct. 75: David Crockett Elementary School (Front Foyer) 2625 Belton Street Pct. 76: Pete Roel Enterprize 501 S. Port Avenue Pct. 77/61: Lozano Instructional Service Center 650 Osage Street Pct. 78: West Oso Elementary School 1526 Cliff Maus Pct. 79/52: Driscoll Middle School 3501 Kenwood Drive Pct. 80: John F. Kennedy Elementary School 1102 Villarreal Pct. 81: Fire Station No. 15 14202 Commodores Drive Pct. 82: Fire Station No. 9 501 Navigation Boulevard Pct. 84: C.C. Area Council for the Deaf 5151 McArdle Pct. 86: Incarnate Word Academy (Lobby) 2910 S. Alameda Street Pct. 87: Parkway Church of Christ 4141 Brawner Parkway Pct. 90: Fire Station No. 11 910 Airline Road Pct. 91: MG Building Materials 7406 S. Padre Island Drive Pct. 92: Cullen Middle School (Main Hallway) 5224 Greely Drive Pct. 93: Water Utilities Building (Conference Rm) 726 Holly Road Pct. 94: Calk Elementary School (Cafeteria) 4621 Marie Street Pct. 96: Norton Street Church of Christ 3001 Norton Street Pct. 97: Rosas Garage 4462 Dinn Street Pct. 98: Moody High School (Foyer Main Entrance) 1818 Trojan Drive Pct. 99: West Heights Baptist Church 642 Scott Drive Pct. 100: Fire Station No. 12 2120 Rand Morgan Road Pct. 101: Tuloso- Midway High School (Choir Rm) 2653 McKinzie Street Pct. 103: Tuloso- Midway Middle School (Main Lobby) 9768 La Branch Pct. 106: Tom Brown Middle School (Cafeteria) 4301 Schanen Boulevard Pct. 107/23: Magee Elementary School 4201 Calallen Drive -279- Pct. 109: King HighSchool (Main Hall) 5225 Gollihar Road Pct. 110: Hilltop Community Center 11425 Leopard Street Pct. 112: Schanen Estates Elementary School 5717 Killarmet Drive Pct. 113: Garcia Elementary School (Cafeteria) 4401 Greenwood Drive Pct. 114: St. John's Baptist Church 5445 Greenwood Drive Pct. 115/88: Club Estates Elementary School 5222 Merganser Drive Pct. 116: Elliott Grant Middle School 4350 Aaron Drive Pct. 117: Flour Bluff High School (Auditorium) 2505 Waldron Road Pct. 118: Tabernacle of Praise Church 5918 Kostoryz Road Pct. 119: Fire Station No. 14 5901 S. Staples Street Pct. 120: Woodlawn Elementary School (Cafeteria) 1110 Woodlawn Drive Pct. 121: Yeager Elementary School (Cafeteria) 5414 Tripoli Drive Pct. 122: Flour Bluff ISD (Maintenance Lounge) 2510 Waldron Road Pct. 123: Annaville Elementary School (Cafeteria) 3901 Cliff Crenshaw Drive Pct. 124: Cimarron Senior Apartments 2802 Cimarron Boulevard Pct. 125: Mireles Elementary School 7658 Cimarron Boulevard Pct. 126: Chapman Ranch Gin 1726 County Road 6 Attachment B CITY OF CORPUS CHRISTI MOBILE VOTING CALENDAR (Calendario de Votacion Movil Adelantada de !a Ciudad de Corpus Christi) MAY 14, 2011 (El dia 14 de Mayo, 2011) Monday, May 2 (tunes) • Corpus Christi Athletic Club 2101 Airline 9am-5pm • American Bank (Island) 14602 S. Padre Island Drive 9 am - 4 pm • Texas A&M University - CC 6300 University 9 am - 5 pm Tuesday, May 3 (martes) • YWCA 4601 Corona 10 am -6 pm • Christus Spohn - South 5950 Saratoga 9 am - 5 pm • Fire Station No. 12 2120 Rand Morgan 9 am - 5 pm Wednesday, May 4 (miercoles) • Sun Harvest 1440 Airline 9 am - 5 pm • Christus Spohn - Memorial 2606 Hospital 9 am - 5 pm • Kiko's Mexican Food Restaurant 5514 Everhart 11 am -6 pm Thursday, May 5 (jueves) • One Shoreline Plaza 800 N Shoreline 9am-5pm • Grace Presbyterian Church 6301 Yorktown 9 am - 4 pm • Bay Area Athletic Club 14329 Northwest Blvd. 9 am - 5 pm Friday, May 6 (viernes) • Driscoll Children's Hospital 3533 S. Alameda ry 9am-5pm • CCAD (Subway Lobby) 308 Crecy 10 am-5pm • Homewood Residence Retirement Center 6410 Meadowvista 9 am - 3 pm Tuesday, May 10 (martes) Saturday, May 7 (sabado) • Corpus Christi Athletic Club 2101 Airline 9am-5pm • CC Trade Center 2833 S. Padre Island Drive 9 am - 5 pm • Sutherland's (Staples) 4041 S. Staples 9 am - 5 pm Sunday, May 8 (domingo) No Voting Monday, May 9 (tunes) • Trinity Towers 101 N. Broadway 9 am - 4 pm • Northwest Senior Center 9725 Up River Road 9 am - 5 pm • CC Medical Center Doctor's Regional 3315 S. Alameda 9 am - 5 pm • Island Presbyterian Church 14030 Fortuna Bay 9am-5pm • Christus Spohn - Shoreline 600 Elizabeth 9 am - 5 pm • Half Price Books 5425 S. Padre Island Drive 10 am - 5 pm 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 15, 2011 AGENDA ITEM: Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. ISSUE: City Charter requires the City Council to review the recommendations of the Planning Commission and act on the Capital Budget. REQUIRED COUNCIL ACTION: Public hearing and first reading Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide. PREVIOUS COUNCIL ACTION: Public hearing and Recommendation to approve the FY 2011 Capital Budget and Capital Improvement Planning Guide made by the Planning Commission on November 17, 2010. Presentation of FY 2011 CIF in the amount of $173,982,100 was made to Council February 8, 2011. Public input may also be received at the public hearing to consider and first reading Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100, on February 15th and the public hearing to consider and second reading ordinance on February 22nd. CONCLUSION AND RECOMMENDATION: Public hearing to consider and first reading Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. -285- Johnny Perales, P.E. ACM Development and Engineering Services johnnyp@cctexas.com 826.4332 ORDINANCE APPROVING THE FY 2011 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $173,982,100. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100 is hereby approved. A copy of the FY 2011 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: Lisa Ag r, Assistant City Attorney for the City Attorney Joe Adame Mayor of j 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 0211512011, AGENDA ITEM: A. MOTION TO AMEND ORDINANCE CHAPTER 57, ARTICLE V. OF THE CORPUS CHRISTI CODE OF ORDINANCES PRIOR TO SECOND READING, BY REVISING SEVERAL SECTIONS IN SAID ARTICLE TO PROVIDE FOR EXPANDED DEFINITIONS; MORE OFFENSES AND PENALTIES; OTHER SPECIFIC REQUIREMENTS APPLICABLE TO AUTO WRECKERS AND AUTO WRECKER COMPANIES; PROVIDING FOR A SEVERANCE CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF MARCH 1, 2011. B. SECOND READING ORDINANCE TO AMEND ORDINANCE CHAPTER 57, ARTICLE V. OF THE CORPUS CHRISTI CODE OF ORDINANCES, BY REVISING SEVERAL SECTIONS IN SAID ARTICLE TO PROVIDE FOR EXPANDED DEFINITIONS; MORE OFFENSES AND PENALTIES; OTHER SPECIFIC REQUIREMENTS APPLICABLE TO AUTO WRECKERS AND AUTO WRECKER COMPANIES; PROVIDING FOR A SEVERANCE CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF MARCH 1, 2011. ISSUE: The purpose of the revision is to increase accountability and improve a service that is provided to our citizens, often on behalf of the police department. REQUIRED COUNCIL ACTION: Approval of the revision PREVIOUS COUNCIL ACTION: The ordinance was last revised 111012006. A presentation on the revisions was made to City Council on 12/14/2010 with the first reading on 2/08/2011. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the revision. Attachments ✓ Modified ordinance D. Troy R; Chief of trovr @cctexas.com 886 -2603 C: IDOCUME- 11alisonll LOCALS-11TemplXPgrpwiselWRECKER ORDINANCE AGENDA 02.08.2011.DOC -291- BACKGROUND INFORMATION The Corpus Christi Police Department has worked to revise the current ordinance that governs auto wreckers (chapter 5, article V). This ordinance governs the use and service of wreckers within our city limits. Most importantly, it outlines the use of "rotation" wreckers by the Police Department. "Rotation" wreckers are the list of 18 wrecker companies that have applied and been accepted to be utilized by the department when any wrecker is needed in the course of police action. Examples of this include vehicles that have been involved in accidents (incident management tow) and vehicles that are being impounded. All incidents of wrecker use involving the Police Department in any fashion are considered to be "non- consent" tows by the state. In addition to our city ordinances, wreckers are governed by section 2308 of the Texas Occupations Code (TOC) and by the Texas Department of Licensing and Regulation (TDLR). The proposed revision to the ordinance will create increased accountability amongst the rotation wrecker companies and will bring us in line with TOC 2308 and with TDLR. The revisions initially began under Chief Smith at the request of several wrecker companies who felt that the ordinance was outdated. The process was shelved during the change of leadership within the department. Chief Riggs directed that the revised ordinance be finished after contact with the wrecker companies and determining that our internal management of the rotation list needed to be improved. Winter 20091Sprinq 2010 - During this time period, several wrecker companies met as a group with police department representatives to provide suggestions on the revision of City Ordinance Chapter 57 Article V. It should be noted all of the wrecker companies were aware the city ordinance pertaining to wrecker operations was in the process of being revised. During the initial meetings with the wrecker companies, suggestions were received and taken into account; however, the group of wrecker companies soon fell into discord and no longer met collectively. June 2010 - The owners of Statewide Wrecker and Texas Wrecker met with Chief Riggs and expressed their desire to get the revised ordinance completed and to have input into the process. Chief Riggs informed them that the process was underway and they would have a venue for input. On June 23, 2010, Chief Riggs spoke to all of the rotation wrecker companies expressing to them that the ordinance was being revised and that there were some problems with the accountability and performance of the rotation wrecker companies. October 2010 - All rotation wrecker companies were emailed the working draft of the ordinance revision on October 26, 2010. A meeting was held October 29, 2010 to review the proposed revisions. Answers to their questions were emailed on November 4, 2010 in order to ensure all companies had the most complete information possible. On November 23, 2010, the final draft was emailed to all rotation wrecker companies. December 30, 2010 - Rotation wrecker companies met with PD and City representatives to discuss their concerns. Further revisions were made based on their input, and include the following: • Sec 57 -220: Language concerning "towing work for compensation" in the definition of rotation wrecker removed • Sec 57 -221: Language changed from Texas Transportation Code to Texas Occupations Code • Sec 57 -223: The word "complaint" was removed and changed to "disciplinary actions" in reference to notifying CCPD of TDLR actions against an owner or wrecker company C:IDOCUME- 11alisonl\ LOCALS-- 11Temp\XPgrpwise \WRECKER ORDINANCE AGENDA 02.08.2011.DOC -292- • Sec 57-223: Proposed requirement that a wrecker must have been in business for 3 years prior to rotation application reduced to 2 years • Sec 57 -223: Companies conducting non - consent tows with category A (light) wreckers must have at least two wreckers. Companies towing under category B (heavy) wreckers need only have one heavy wrecker. • Sec 57 -223: A prior proposed revision stated that no owner may have more than one company on the rotation list. This provision has been eliminated. • Sec 57 -232: All wrecker drivers must be named (instead of listed) on owner's liability insurance policy • Sec 57 -238: Language altered to permit forwarding of telephone calls to wrecker company's office • Sec 57 -248: Companies employing a new rotation driver must conduct a drug test on that driver within 90 days of his expected employment • Sec 57 -254: Fee for normal non - consent tow increased from $90 to $110 • Sec 57 -254: Rate for heavy wreckers changed to $325 for town, and $275 per hour for any recover activity. All specialized equipment costs may be passed on to the vehicle owner plus a 25% up charge Proposed Changes to the Ordinance The proposed changes to the ordinance were crafted in such a manner as to: 1. increase accountability of wrecker companies and the police department, 2. bring the City in line with state law and regulations, and 3. reduce the amount of time CCPD patrol officers must wait for a wrecker. A summary of the significant changes is as follows: • Sec 57 -220: All definitions have been amended to reflect state law & regulations. • Sec 57 -221: Offenses added for submitting false documents & consuming alcohol or controlled substances while on duty as a wrecker operator. Separate "Chief of Police Regulations" eliminated (these were a separate set of regulations and rules for the wrecker companies that existed within the PD.) • Sec 57 -223: Wrecker companies on rotation must have at least 2 wreckers for class A (regular duty) towing. Class B (heavy) towing requires only one wrecker. • Sec 57 -223: To obtain a rotation permit, the company owner must provide an affidavit listing any discipline by regulatory agency (Texas Department of Licensing & Regulation). Rotation companies must notify the Chief within 10 days of any regulatory discipline. • Sec 57 -223: In order to obtain a rotation permit, the owner must provide an affidavit showing that they have been in business in Corpus Christi for at least two years prior to application (current rotation wreckers are grandfathered). Additional wrecker companies are sometimes created in name only in order to occupy multiple spots on the rotation list in order to increase income for the same owner. The goal of this section is to prevent this by providing an equal opportunity for all wrecker companies and ensure that our rotation wreckers can provide a certain level of service to our citizens on behalf of the Police Department. • Sec 57 -223: Owner and drivers must successfully pass criminal background check. • Sec 57 -226: The fees that wrecker companies pay the city to be on the rotation list will stay the same. Rotation wreckers pay a $315 application fee and $126 per permitted wrecker. Non rotation wreckers pay a $100 permit fee and $126 per wrecker. This is prorated by their application date. • Sec 57 -233: Rotation permit may be denied or revoked if the wrecker company owner has a criminal conviction for a felony offense, class B misdemeanor, or violations of chapter 2308 of the Texas Occupations Code or Texas Department of Licensing and Regulations guidelines. C:IDOCUME-11alisonl\ LOCALS --11Temp\XPgrpwise\WRECKER ORDINANCE AGENDA 02.08.2011.DOC —293— • Sec 57 -245: When a wrecker is requested by a police officer, their response time may not exceed more than 30 minutes. The existing ordinance states that their response time may exceed 30 minutes due to several conditions. This creates a situation in which it is difficult to hold the companies accountable for their response time. • Sec 57 -248: The owner of a rotation wrecker company must supply the following within 5 days of expected employment of a wrecker driver: full name, date of birth, social security number, copy of all drivers' licenses, current address and each address where driver has resided for previous 10 years, whether driver has been arrested and corresponding information. Owner must also provide evidence that the driver has passed a drug screen within 30 days of application. • Sec 57 -248: The background check of a wrecker driver has been modified and is now the same as what is currently required by city ordinance for taxi -cab drivers. Since the rotation wrecker drivers are responding on behalf of the PD, we must ensure the character of the driver is sufficient to responsibly take possession of someone's vehicle and the property within. • Sec 57 -248: Rotation wrecker drivers must be drug tested within 90 days of hire with a wrecker company and the test results must be furnished to PD within 90 days of hire. Owner must also inform PD of any driver convicted of any offense listed in section within 5 days of conviction. Owner must also notify PD in writing of any change of driver's home address within 5 days of the change. • Sec 57 -254: The fee for regular wrecker tows will be increased from $90 per tow to $110 per tow. This reflects the increased cost of gas and general operating expenses. • Sec 57 -254: Category B wrecker (heavy wreckers for large trucks and semi - trailers) fees raised to $325 for the tow and $275 per hour thereafter for any recover work (rigging, winching, cleanup, etc). Prior fee was $200 with other fees applied depending on what had to be done on the scene. This change better reflects the owner's investment in the expensive heavy wreckers. • Sec 57 -258: Language was added to outline how to obtain a "Tow Fee Study ", which is a study to determine fair market value of a non - consent tow (this means a rotation list tow). Other cities ordinances were consulted for the changes, as follows: o The requesting companies must have accounted for at least 50% of non - consent tows for preceding 12 months o Must deposit $5000 with City Manager o if study is not conducted, money is refunded less $500 admin fee o City must complete study within 120 days o City Manager must present findings to council, and written notification will be given to wrecker companies for date and time of presentation a Council may change fees based on study findings o City is not required to conduct more than one study in a two year period. Concerns of the Wrecker Companies During the revision process, we received a great deal of feedback from the wrecker companies, both positive and negative. Some of their concerns were valid and resulted in changes to the ordinance. Here is a summary: • Concern: The non - consent regular tow fee needs to be increased from the current $90. PD response: The fee has been raised to $110 per tow. • Concern: If a rotation wrecker takes more than 30 minutes to reach a scene, they will be penalized. • PD Response: We are aware there will be situations in which more than 30 minutes is required. We will look at each situation individually and use the discretion and decision making that is central to the enforcement of nearly all laws. C:IDOCUME 11alisonl\ LOCALS -- 11TempUCPgrpwiselWRECKER ORDINANCE AGENDA 02.08.2011.DOC —294— • Concern: Some companies wanted the drivers to be responsible for providing drug test results and criminal conviction information to the department, as opposed to the wrecker company owners. PD response: The wrecker company owners are responsible for the behavior and character of their employees. Wrecker drivers are often responding to a scene at the request of the PD, and we must ensure the safety of the citizens involved and account for their property. • Concern: How often must drug tests be performed? PD response: In accordance with TDLR, which requires a test once per year and "randomly" as defined by the company owner. The companies must additionally drug test a driver for hiring within 90 days of hiring. • Concern: Initial proposed fee increase was not enough for heavy wreckers, PD response: Research showed this concern to be very valid. We responded by raising the proposed fee amount to $325 for the tow and $275 per hour for recovery work. • Concern:, There was a proposed wording change in the section on fees from "shall" to "may" in reference to applying a $100 application fee to the total fee. PD response: This concern was also valid. The proposed revision was changed to back to "shall ". • Concern: The proposed revision states that if a company is on their rotation day (this means the PD will call them first for all wrecker requests that day), they cannot refuse a police call for service because all of their wreckers are tied up on non - police tows. PD response: The revision does in fact state exactly that. We are asking the companies to ensure that at least 1 wrecker is available on their rotation day, which is once every 18 days. We feel this is acceptable in order to provide the needed level of service for our citizens. In summary, the Police Department believes the proposed revisions to City Ordinance Chapter 57 Article V creates an ordinance that results in a better service to our citizens while ensuring the City and wrecker companies remain compliant with State regulations. C:IDOCUME-11alisonl\ LOCALS- 11Temp\XPgrpwiselWRECKER ORDINANCE AGENDA 02.08.2011.DOC -295- Changes to City Ordinance Chapter 57 Article V since City Council meeting on February 8, 2011: 1). Sec. 57 -222 -added "City" before "Permit" 2). Sec. 57- 223(b)(2)- struck "auto wrecker" and added "rotation list" 3). Sec. 57- 223(b)(6)- struck "auto wrecker" 4). Sec. 57- 223(b)(9)- struck "proposed" 5). Sec. 57- 223(b)(12) -added "For rotation list permit" to the at the beginning of the first sentence. 6). Sec.57- 223(b)(13) -added "For rotation list permit" at the beginning of the first sentence. 7). Sec. 57- 223(c)(8) -added "For rotation list permit" at the beginning of the sentence. 8). Sec. 57- 223(c)(c)(9) -added "For rotation list permit" at the beginning of the sentence. 9). Sec. 57- 233(b)(3)- struck "or" and added "and" to make the second sentence read, "The notice shall be deemed sufficient if deposited in the United States mail addressed to the owner's business address as contained in the original application for a permit and by electronic mail or facsimile. 10). Section 57- 248(e), (f),(g), (h), (i), (j) -added "For rotation list wrecker companies" as a first sentence "The remainder of this section is only applicable to rotation list wrecker owners. C: 1DOCt1 ME^- 11alisonllLOCALS-11Temp1XPgrpwiselWRECKER ORDINANCE AGENDA 02.08.2011.DOC -296- t.. 1' READING AS AMENDED AN ORDINANCE AMENDING CHAPTER 57, ARTICLE V. OF THE CORPUS CHRISTI CODE OF ORDINANCES, BY REVISING SEVERAL SECTIONS IN SAID ARTICLE TO PROVIDE FOR EXPANDED DEFINITIONS; MORE OFFENSES AND PENALTIES; OTHER SPECIFIC REQUIREMENTS APPLICABLE TO AUTO WRECKERS AND AUTO WRECKER COMPANIES; PROVIDING FOR A SEVERANCE CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF MARCH 1, 2011, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Code of Ordinances, Chapter 57, Vehicles for Hire, Article V, Auto Wreckers, is amended by revising the Article to read as follows: "Sec. 57 -220. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Auto wrecker: Means a motor vehicle, including a wrecker. equipped with a mechanical device used to tow, winch, or otherwise move another motor vehicle. The term does not include: a motor vehicle owned and operated by a governmental entity, including a public school district; 01 a motor vehicle towing: a race car; al a motor vehicle for exhibition: or al an antique motor vehicle; fcl a recreational vehicle towing another vehicle; (d) a motor vehicle used in combination with a tow bar, tow dolly, or other mechanical device if the vehicle is not operated in the furtherance of a commercial enterprise; fel a motor vehicle that is controlled or operated by a farmer or rancher and used for towing_a farm vehicle: or fff a motor vehicle that: is owned or operated by an entity the primary business of which is the rental of motor vehicles: and (2) only tows vehicles rented by the entity. Certificate of insurance: A certificate prescribed by and filed with the chief of police in which an insurance carrier or surety company, approved in this state, warrants that a towing company for whom the certificate is filed has the minimum coverage as required by Chapter 2308 of the Occupations Code. Chief of police: The chief of the police department of the City of Corpus Christi or his designated representative. H:11LE,G- DIR1AIisonLlAlisonL H\Alison's Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.doc —297— 2 City: The City of Corpus Christi. Closest wrecker: The owner of an auto wrecker permit which is located geographically closest to the scene of an emergency situation can be dispatched for an emergency disregarding the rotation list. This does not mean an auto wrecker which happens to be near the scene. Has the meaning assigned by Section 2308.002 of the Occupations Code. Disabled vehicle: Any motor vehicle located on any public street, alley, or sidewalk area which is incapable of being driven under its own power due to mechanical breakdown, collision, or for any other reason. Driver's license: Has the meaning assigned by Section 521.001 of the Transportation Code. Drop fee: The price to be charged in lieu of a towing fee where, after an auto wrecker has been dispatched to, or is at the scene of a tow, and has started to physically attach or connect the vehicle to the auto wrecker, and the vehicle has not been towed from the scene when the vehicle owner requests its release. Emergency situation: A serious vehicle accident or similar situation in which the rapid arrival of an auto wrecker would considerably reduce a life or death risk or in which extreme blockage of a major thoroughfare is involved. Impounded vehicle: Any vehicle which police officers are authorized to impound and remove under the provisions of any ordinance of the City of Corpus Christi, any law of the State of Texas, or any contract or agreement with any law enforcement agency. Incident: An unplanned randomly occurringtraffic event that adversely affects normal traffic operations. Incident management tow: Has the meaning assigned by Section 2308.002 of the Occupations Code. Nonconsent tow: Has the meaning assigned by Section 2308.002 of the Occupations Code. Normal tow: All measures necessary to transport a disabled vehicle including but not limited to: double hook -up, multiple tow (vehicle and small trailer), cleaning of an accident scene; it does not include: winching, changing tire(s), use of dolly(ies), on -scene delays caused by other than the wrecker driver, or a second wrecker to tow or assist the first wrecker on a single disabled vehicle, which have additional fees. Owner: The person, corporation, or partnership which has an auto wrecker permit and owns any auto wrecker which is permitted by article V. Owner includes all owner's employees and agents and shall be plural if the context so requires. Parking facility: pang -Has the meaning assigned by Section 2308.002 of the Occupations Code. Parkink facility authorized agent: Has the meaning assigned by Section 2308.002 of the Occupations Code H:1 LEG- DIR \AlisonL\AlisonL H1Alison's Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.doc -298- 3 Parking facility owner: Has the meaning assigned by Section 2308.002 of the Occupations Code. Private property impound: A nonconsent tow from private property. Private property tow: Has the meaning assigned by Section 2308.002 of the Occupations Code. Public roadway: Has the meaning assigned by Section 2308.002 of the Occupations Code. Rotation list: The list set up by section 57 -243 which determines the order in which auto wreckers are sent to tow a vehicle for the police department. Rotation wrecker: An auto wrecker company permitted to conduct police- initiated rotation or incident management tow and impound towing - - - - •• - - • - = within the territorial limits of the city. Rollback wrecker: A tow truck equipped with a moveable bed, which is adapted for winching a vehicle onto the bed for the purpose of recovering and transporting that vehicle. Scene: The location of a disabled or impounded vehicle. Unauthorized vehicle: A vehicle parked, stored, or located on a parking facility without the consent of the parking facility owner. Vehicle: Has the meaning assigned by Section 2308.002 of the Occupations Code. Vehicle owner: Has the meaning assigned by Section 2308.02 of the Occupations Code. Vehicle storage facility: Has the meaning assigned by Section 2308.02 of the Occupations Code. Wrecker company: - . . _ . .. _ • . Means an individual., association. corporation. or other legal entity that controls. operates, or directs the operation of one or more tow trucks over a public roadway for compensation within the territorial limits of the city. Sec. 57 -221. Offenses; penalty. Unless otherwise stated, a culpable mental state is not a required element of an offense under this article. A person who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as prescribed by section 1 -6. Each day that a violation continues shall constitute a separate offense. (a) A person commits an offense if the person intentionally or knowingly without consent of the vehicle owner, operator, or authorized representative of the owner tows or causes the towing of a vehicle from private property, other than an abandoned, junked, illegally parked, trespassing, repossessed, or unauthorized vehicle. (b) A person commits an offense if the person intentionally or knowingly tows or causes the towing of a vehicle from any public street, right -of -way, beach, or public property without the consent of the vehicle owner or operator, or at the direction of a sworn peace officer acting in his official capacity. (c) A person commits an offense if the person intentionally or knowingly tows or causes the towing of a vehicle as an unauthorized vehicle, in accordance with the Texas Transportation Occupations Code, from a parking facility that is does not have a properly sign posted sign, or that the vehicle owner has not received proper notice, or that the vehicle was not left in violation of section 684.0112308.254 of the Trasspertation Occupations Code, or that the vehicle was in or obstructing a paved driveway or abutting public roadway used for entering or exiting the facility. H :\LEG- DIR \AlisonL\AiisonL 1-l\Alison's Ordinances\F'irst Reading as Amended Auto Wrecker Ordinance 201 l.doc -299- 4 (d) A person commits an offense if the person :: _ . - _ :... _ violates any section of this article, any rules or regulations promulgated by the chief of police the Texas Department of Licensing and Regulation, or Chapter 2308 of the Occupations Code. , punishable-as-ppavideel-by-iseetien4-67 (e) - , . A person commits an offense if the person charges or collects a fee that is not authorized or is greater than the amount authorized by this article. (f) A person commits an offense if the person allows an unapproved driver to operate an auto wrecker. ,(g) A person commits an offense if the person submits a falsified application, affidavit, business records, certification, training, drug or alcohol testing results. (h) A person commits an offense if the person consumes any alcoholic beverage or uses any controlled substance while on duty or operates an auto wrecker. (i) A person commits an offense if the person operates an auto wrecker without a valid permit issued by the chief of police. (j) A person commits an offense if the person works or allow another person to work at a vehicle storage facility without a license issued by the Texas Department of Licensing and Regulation. Sec. 57 -222. Permit required.,mty, Unless allowed by another law or regulation, a wrecker company or an auto wrecker operator shall not operate or cause an auto wrecker to be operated on the public roadways within the territorial limits of the city unless the auto wrecker displays, in accordance to Section 57 -229, a current permit issued by the chief of police for the auto wrecker under this article. A separate permit is required for each auto wrecker. Sec. 57 -223. Application, contents, fees. (a) [General.] Any person, funs, corporation, or partnership desiring to operate one (1) or more auto wreckers for compensation in the city shall make an original or renewal application for an auto wrecker permit or an auto wrecker rotation list permit to the chief of police as follows. (b) Original application. An applicant shall submit: (1) An original application with the name, address, and current phone number of all owners. H:ILEG- DIR1AIisonL \AlisonL H1Alison's Ordinancesl'irst Reading as Amended Auto Wrecker Ordinance 2011.doc -300- 5 a. If the owner of the auto wrecker is a partnership, the application shall contain the partnership's name, address, and phone numbers and the names, addresses, and phone numbers of all partners. b. If the applicant is a corporation, the application shall state the corporate name, the office address, and phone number of the corporation, together with the names, addresses, and phone numbers of the president and secretary of the corporation. (2) For an auto wrecker permit, the-owner-shall a list of each wrecker the owner wants to permit and attach a copy of the Texas License Receipt and the Texas Tow Truck Registration for each wrecker. The permit issued by the chief of police is only valid to the person and for the wrecker applied. A person who succeeds to the ownership or operation of a wrecker service, and is not identified on a current wrecker service application, must submit a new application to the chief of Rohm. (3) For a rotation list permit, a list of each wrecker the owner wants to permit, the certification (category A or category B auto wrecker, see section 57 -254), and attach a copy of the Texas License Receipt and the Texas Tow Truck Registration for each auto wrecker. Wrecker company must have at least two (2) properly operating type A wreckers and one (1) properly operating type B wrecker that are fully equipped, in accordance to Section 57 -224, for each category wrecker company is applying for a permit. All auto wreckers must be available for twen -four 24 hours a da service when di . s atched or assi *led a call for service re ardless of the assigned rotation schedule published by the chief of police each month. (4) provide pProof of ownership of all auto wreckers listed on the auto wrecker permit or rotation list permit issued application. (5) Owner- shall provide -a A current certificate from the county tax assessor - collector to prove that all -city taxes on all property, real and personal, to be used in connection with the owner's auto wrecker business are paid. (6) For an auto wrecker rotation list permit, the owner shall provide a copy of a deed to or lease for the proposed location for the auto wrecker business and storage facility and written verification of the zoning of the proposed location from the city planning department. (7) Owner-shall-provide a-A written statement that he will comply with the provisions of this article and of all other ordinances, statutes and state laws applicable to motor vehicles and auto wrecker businesses. Further, that owner will ensure that all owner's auto wrecker drivers will complyianee with said law . (8) Owner -shall provide a-A copy of owner's Texas Sales and Use Permit. (9) A copy of owner's certificate of occupancy at the proposed business location. (10) For an auto wrecker rotation list permit, the -ewer -shall provide a copy of the owner's current Texas Vehicle Storage Facility Licens e. issued by the Texas Mater Department of Licensing and Regulation (11) A copy of owner's certificate of insurance; in the amounts required by Chapter 2308 of the Occupations Code coo section 57 232. (12) A list of all owner's auto wrecker drivers, including each ene=s driver's name, Social Security number, date of birth, drivers license number and state of license. All owners and drivers must successfully pass a criminal background check. H:1 LEG-DIM Alisonl \AlisonL H\Alison's Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.doc -301- (13) A sworn affidavit indicating whether the owner and wrecker company have ever been disciplined by any agency that regulate auto wrecker business including the Texas Department of Licensing and Regulation and the chief of police. The affidavit should state the disciplinary agency, nature of the complaint or violation, date, location, and the penalty imposed. Owner and wrecker com an are re uired to noti the chief of olice in writing and within ten I0 da s from the date in which they receive notice of any disciplinary actions taken against the owner or wrecker company during the permit term. (14) For a rotation list permit, the owner shall file an affidavit of ownership and provide business records, if requested by the chief of police, to demonstrate that the wrecker company has been established within the territorial limits of the city for at least two _(2) years, and a sworn statement of whether the owner or wrecker company ' has received disciplinary actions against it by any agency that regulates the auto wrecker business. The chief of police may deny a rotation list permit to a company that ' has received disciplinary actions, or to a company that is established after March 1, 2011 and does not meet the two (2) years business requirement. (c) Renewal application. To renew and maintain continuous licensure, the renewal requirements under this section must be completed prior to the expiration of the permit. A late renewal means the permit holder will have an un- permitted period from the expiration date of the expired permit to the issuance date of the renewed permit. During the un- permitted period, a tow truck may not be used, caused to be used or operated for towing on the public roadway within the territorial limits of the city. Owner An applicant shall provide submit a renewal application that contains the name, address, and current telephone number of all owners, and the following: (1) Written confirmation of any changes in to information supplied by previous in the original application or renewal application. (2) A current certificate or eurrent receipt marked paid from the county tax assessor - collector that all soy taxes on all property, both real and personal property; used in connection with the owner's auto wrecker business are paid. The chief of police may deny, suspend or revoke a permit if taxes of the preceding year are not paid in full by January 31 of each year. (3) For an auto wrecker rotation list permit, a copy of owner's current Texas Vehicle Storage Facility License issued by the Texas Department of Licensing and Regulation. (4) •- ' ' : . .. _ _ ..:.. ..., _ : A current certificate of insurance in the amounts required by Chapter 2308 of the Occupations Code. (5) A copy of owner's current Texas License and Receipt and Texas Tow Truck Registration issued by the Texas Department of Licensing and Regulation to each auto wrecker listed in the application. (6) A copy of the Texas Tow Truck Registration insurance cab card certificate issued by the Texas Department of Licensing and Regulation for each new auto wrecker listed in the application. (7) A list of all owners' current auto wrecker drivers and the required information [see section 57- 223(b)(-I-12)]. (8) Owner and driver must successfully pass a criminal background check. (9) A copy of continuing education record on all drivers. Continuing education courses must meet the guidelines set forth by the Texas Department of Licensing and Regulation. H:ILEG- DIR\AlisonL\AlisonL H\Alison's Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.doc -302- (10) A sworn affidavit indicating whether owner and wrecker company have ever been disciplined by any agency that regulate auto wrecker business including the Texas Department of Licensing and Regulation and the chief of police. The affidavit should state the disciplinary agency., nature of the com . laint or violation date location and the • enal im • osed, Owner and wrecker com are required to notify the chief of police, in writing and within ten (10) days from the date they receive notice of any disciplinary actions taken against the owner or wrecker company during the permit term. (11) For a rotation list permit, the owner shall file an affidavit of ownership and provide business records. if requested by the chief of police, to demonstrate that the wrecker company has been established within the territorial limits of the ci for at least two (2) years, and a sworn statement of whether the owner or wrecker company ' has received disciplinary action against it by any agency that re, fates the auto wrecker business. The chief of police may deny a rotation list permit to a company that is cu'r'en`l-- under in° tieet or -has received disciplinary actions, or to a company that is established after lenuaryMarchl, 2011 and does not meet the two (2) years business requirement. (d) Original application or renewal application. The application for an auto wrecker or auto wrecker rotation list permit or renewal application shall be accompanied by an application fee of one hundred dollars ($100.00). an . If application or renewal is approved, the owner shall pay the permit fees as provided in section 57 -226. : • - _ ... :. No more than one permit shall be issued to any auto wrecker company or owner of multiple auto wrecker companies that are established after March 1, 2011. This section does not impede the city's right not to issue a permit to any towing company. (e) Inspection. Upon receipt of the application., the required foregoing information and fees. a police department representative will inspect the applicant's auto wrecker and storage facility., 57 -240. in accordance with the provisions of sections 57 -224 and Sec. 57 -224. Application and certification. (a) The chief of police or the police chiefs designee shall review each auto wrecker permit application and eaeh -auto wrecker rotation list permit application for compliance with this article, and shall inspect and certify each listed auto wrecker, business location, and storage facility for rotation list permits if each listed the auto wrecker meets the requirements of a rotation list category A or category B auto wrecker, and if the business location and storage facility are acceptable and properly zoned. (b) Category A. A category A auto wrecker shall meet the following requirements: (1) Be not less than one (1) ton (minimum ten thousand (10,000) pounds gross vehicle weight) in capacity, as reflected on the manufacturer's certificate. If the unit does not have a manufacturer's certificate, then the gross vehicle weight shall be determined by a testing procedure approved by the chief of police. (2) Be equipped with a power winch, winch line, and boom, with a factory-rated lifting capacity of not less than eight thousand (8,000) pounds, single -line capacity. If a hydraulic wheel lift is installed, it must have a factory-rated capacity of not less than four thousand (4,000) pounds. If the unit does not have an established factory-rated lifting capacity, then such capacity shall be determined by a testing procedure approved by the chief of police. (c) Category B. A category B auto wrecker shall meet the following requirements: H:1 LEG- DIR\AlisonL\AlisonL 1 11Alison's OrdinanceslFirst Reading as Amended Auto Wrecker Ordinance 2011.doc -303- 8 (1) Be over twenty -six thousand (26,000) pounds gross vehicle weight in capacity, as reflected on the manufacture's certificate. If the unit does not have a manufacture's certificate, then the gross weight shall be determined by a testing procedure approved by the chief of police. (2) Be equipped with a power operated winch, winch line, and boom with a factory-rated lifting capacity of not less than thirty-five thousand (35,000) pounds, single or double line capacity. If the unit does not have a factory -rated capacity, then said capacity shall be determined by a testing procedure approved by the chief of police. (d) Each auto wrecker and the equipment thereon shall be in good mechanical condition and shall comply with all applicable city ordinances and state laws. Each auto wrecker shall have brakes that meet braking performance requirements under all loading conditions. (e) Each auto wrecker at all times shall carry the following as standard equipment in good working order, except as otherwise noted: (1) A tow sling or hydraulic lift which is sufficient to prevent the swinging of any equipment being transported. (2) Steel safety chains of a three - eights -inch link for category A auto wreckers and of one -half- inch link for category B auto wreckers. (3) One (I) ten -pound BC (or two (2) five -pound BC) fire extinguisher that is properly filled and located so that it is readily accessible for use. (4) One (1) crowbar or wrecking bar of not less than thirty -six (36) inches in length with a wedge head. (5) One (1) broom of a type designed for pushing with an eighteen (18) inch head and a handle of not less than thirty-six (36) inches. (6) One (1) flat -edged shovel of at least nine (9) inches with a handle of not less than thirty-six (36) inches. (7) Three (3) portable red emergency reflectors. (8) Towing dollies in working condition, category A rollback wreckers and category B wreckers are exempted. (9) A box or bucket to carry glass and debris cleaned from streets when picking up a wrecked vehicle. (10) Rope or wire suitable for securing doors, hoods, trunks, etc. (11) A spotlight or flashlight. (12) Outside rearview mirrors on both sides of the truck. (13) One (1) set of operating tow lights (for towed vehicle). (14) Wheel chocks: minimum two (2) each. (15) A reflective, brightly colored safety vest, shirt, or jacket Wish must be worn by the auto wrecker operator and employee required at all times while working outside the auto wrecker; the reflective vest, shirt or jacket must meet the ANSI/ISEA requirements for high visibility safety apparel. H:ILEG- DIR\AlisonL \AlisonL H\Alison's OrdinancesWirst Reading as Amended Auto Wrecker Ordinance 2011.doc —304— (16) Auto wrecker operator and employee shall wear gloves. longj,ants, hard toe or steel toe shoes, and shirts long enough to remain inside the trouser belt line and keep the operator or employee's skin covered. All operators and employees shall maintain a neat appearance while on duty. (f) Each auto wrecker must be labeled in accordance with Chapter 86 of the Texas Department of Licensing and Regulation Administrative Rules. 9 elearly-legibler (g) Each auto wrecker shall be equipped with a radio receiver set or portable telephone capable of clearly receiving transmissions by the owner's dispatcher. (h) All auto wreckers shall have flashing or rotating overhead warning lights that are in good working order, with lenses free of oxidation, that rotate, that and are clearly visible during daylight hours, and that in compliance} with the applicable provisions of the Texas Transportation Code. (i) If an auto wrecker is transporting a vehicle which does not have functioning lights, the auto wrecker driver must supply the towed vehicle with functioning lights. These lights must provide safe lighting of the towed vehicle. These lights, including turn signals, brake, and clearance lights, must be actuated by the auto wrecker. (j) The owner of and driver of each auto wrecker shall comply with all regulations governing auto wreckers contained in this article or any applicable laws of the City of Corpus Christi or the State of Texas. (k) All auto wreckers including rollback wreckers must have the capability to, and actually put, the impounded vehicle on the ground for the vehicle impound control officer's inspection at the city's impound lot and inventory prior to the impound control officer accepting the vehicle. The impound control officer shall not be required to climb onto any auto wrecker to inspect or inventory an impounded vehicle. After inspection, the owner or auto wrecker driver will put the vehicle into the parking spot assigned by the impound control officer. (1) All auto wreckers must keep a current certificate of registration for tow truck service issued by the Texas Department of Licensing and Regulation. vehicle tag, motor vehicle inspection sticker, tow truck license displayed, and liability insurance certificate in the cab at all times. Said certificate of registration and insurance or a true and correct copy thereof must be provided by owner or any tow truck operator to the chief of police at any time upon request. The chief of police or his designee may inspect tow trucks at any time. Sec. 57 -225. Notice of disapproval denial of application or renewal; correction or def cts. The chief of police or the - police - chiefa his designee shall give owner written notice of the denial of any application or renewal; and the owner has the right to appeal the chief of police's decision in accordance to Section 57 -233. . - -_ _ — _ _ . .:..:... = - _ thirty (3m d n- _ - medy- Sec. 57 -226. Permit issuance. fees. (-a)- The chief of police shall issue an auto wrecker permit or auto wrecker rotation list permit to eaeh an owner whose application complies with all requirements of this article upon owner's payment of (a) an auto wrecker operation fee_ of -one hundred twenty -six dollars ($126.00) for each auto wrecker; , and the-ehiefef-petiee-shall-issue H:1LEG- DIR\AlisonL\AlisonL H\Alison's Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.doc -305- (b) an auto wrecker rotation list permit fee: 10 three hundred fifteen dollars ($315.00) pennit-fee. LcIThe fec for an auto wrecker permit fee: shale one hundred dollars ($100.00). (b) fp The one hundred dollars ($100.00) application fee shall be applied to the auto wrecker permit fee above, if the permit is approved. (e) The one hundred dollars ($100) application fee shall be forfeited if an original or renewal application is denied. Sec. 57 -228. Permit term. (a) Each auto wrecker and rotation list permit shall be issued for one (1) year from January 1 to December 31. (b) If any auto wrecker or rotation list permit is issued for less than one (1) year the three hundred fifteen dollar ($315.00) permit fee and one hundred twenty -six dollar ($126.00) operation fee per auto wrecker shall be prorated based on the number of months remaining until December 31. (c) Renewal fees will be paid in the same manner as set out above. (d) There will be no refund of permit fees or operation fees. Sec. 57 -229. Permits numbered; identification on vehicle; drop fee sign. (a) Each An auto wrecker and rotation list permit issued by the chief of police shall be numbered consecutively and each permit holder shall affix the permit number in clearly legible numerals to all doors of each the auto wrecker covered by said the permit. All identifications and permit numbers shall be permanently affixed in letters no less than two (2) inches high. (b) The chief of police shall issue annual permit decals for each permitted wrecker. The decals shall be affixed to the windshield of each the permitted wrecker. Sec. 57 -230. Substitution of vehicle; fees. An owner may substitute an unpermitted auto wrecker for one which has been permitted upon providing written notice of intent to substitute. The notice shall contain all information required by section 57 -223, and the owner shall pay a twenty dollar ($20.00) inspection fee for each substitute auto wrecker. If the substitute auto wrecker complies with the requirements of section 57 -223, owner's permit shall be amended to add the substitute auto wrecker and delete the previous auto wrecker owner designates. Sec. 57 -231. Adding vehicles; fees. 1-1:1 LEG- DIR \AlisonL\AlisonL H\Aiison's OrdinanceslFirst Reading as Amended Auto Wrecker Ordinance 2011.doc -306- 11 Owner may add one (1) or more additional auto wreckers to the permit by filing a supplemental application containing all information required by section 57 -223, If the additional auto wrecker complies with the requirements of sections 57 -223 and 57 -224, owner's permit shall be amended to add the additional auto wrecker(s). The fee for adding auto wreckers to a permit shall be one hundred twenty -six dollars ($126.00) prorated based on the number of months remaining until December 31, provided, the minimum fee for adding an additional auto wrecker shall be fifty dollars ($50.00). Sec. 57 -232. Insurance. (a) Au eOwner shall section maintain liability insurance for each auto wrecker to meet the requirements of Chapter 2308 of the Occupations Code and any other federal and state laws. In addition, owner shall maintain workers' compensation or occupational safety insurance for their employees in the amounts and types required by law. All such policies, except workers' compensation or occupational safety insurance, shall be primary to any other insurance. At the time of initial registration, and upon renewal, a certificate of insurance must be filed with the chief of police. The certificate must certify the type and amount of insurance coverage_ and Owner shall provide immediate notice to the chief of police prior to any cancellation or material changes in the policy. (b) Unless state law permits an auto wrecker to be self-insured. any insurance required for an auto wrecker must be obtained from an insurer authorized to do business in this state pursuant to the Texas Insurance Code. Insurance covering permitted auto wrecker must be kept in full force and effect at all times. The certificate of insurance must contain a provision obligating the insurer to give the chief of police notice in accordance with the policy provisions before the effective date of a policy cancellation date. - requirements- of-all All auto wrecker drivers shall be named or listed on owner's liability insurance policy. (d) A permit issued under this article shall automatically be suspended upon the cancellation or expiration of the insurance policy and will not be reinstated until owner or wrecker company provides satisfactory proof of insurance certificate to the chief of police verifying that all required coverages are met.; -for (e) The policies shall contain a clause naming the city as an additional insured. The chief of police shall have authority to increase the above insurance requirements upon thirty (30) days! written notice to all owners or wrecker companies. (f) An original copy of the renewal certificate of insurance shall be provided to the chief of police at least fifteen (15) days before the ending date of any insurance in effect for each owner. Failure to comply will result in the owner wrecker company being deleted automatically from the rotation list until the next monthly rotation list is published following the receipt of said renewal certificate. (g) Owner shall keep evidence of insurance in a form approved by the chief of police in the cab of each permitted auto wrecker. (h) Owner shall fully indemnify and hold the city harmless from all claims, actions, and lawsuits for personal injury or property damage arising in connection with services provided by wrecker company. Owner and wrecker company are solely responsible for all vehicles towed by auto wrecker and for all properties inside vehicles. Sec. 57 -233. Denial. Ssuspension, probation and revocation of permit -- procedure, appeal. H:1LEG- DIR\AIisonL\AlisonL H\Alison's Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.doc -307- 12 (a) The chief of police may deny an application, suspend, or revoke a permit if the applicant owner or wrecker company has: (1) a criminal conviction,_or has pleaded guilty or nolo contendere to an offense, before the date of the application, for a felony or a misdemeanor punishable by confinement in jail or by a fine in an amount that exceeds $500.00; (2) violated any provisions of Chapter 2308 of the Texas Occupations Code, rules or regulations promulgated by the Texas Department of Licensing and Regulation, any provisions of the city ordinance, or rules or regulations promulgated by the chief of police including an order for sanctions or administrative penalties; (3) knowingly submitted false or incomplete information on the application, or the applicant failed in any material way to comply with this article: or (4) the applicant or owner has had a permit revoked under this chapter. (b) Notwithstanding any penal provisions contained in this Code, the chief of police shall be authorized to deny, revoke, suspend, or place on probation any auto wrecker or rotation list permit for a violation of the state law, city ordinance or any other rules or regulations governing the operation of an auto wrecker, if committed by an auto wrecker owner, his agents or employees. Such denial, suspension, er revocation, or probation shall be made in accordance with the following procedures: (1) Upon complaint by any person or the chief of police own motion against any owner, agent or employee of a wrecker company for violatingen of any provision of any the city ordinance, the chief of police and Texas Department of Licensing and Regulation rules or regulations governing auto wrecker permits, or any state law, the chief of police or his designee, after giving five (5) days' notice of the grounds of such complaint to the wrecker company - • ••.• . _ .• •• _ - _ •• • • • •• • • -, shall hold a hearing After proper notice was giving and the owner fails to appear for the hearing, the chief of police or his designee may proceed with the hearing by taking testimony or evidence from any person or witnesses who were present. For a good cause and at the chief of police or his designee's sole discretion, a hearing may be rescheduled one time at the owner's request provided that the chief of police or his designee receive the written reschedule request at least two (2) working days before said hearing. At the conclusion of said hearing, the chief of police or his designee may issue: a, a warning to the owner„ b. deny the permit er may permanently revoke or suspend the permit or may &put the permit on probation. Previous warnings, probations or suspensions within the preceding two (2) years may be considered by the chief of police or his designee in making the decision. (2) If the chief of police or his designee suspends the permit, said the suspension shall not be for a period of not more than sixty (60) days. If the chief of police places a permit on probation, the peried -of probation shall not be for not more than six (6) months_, and tThe chiefs action shall be final. (3) If the chief of police or his designee revokes a permit permanently, er- suspends, place a permit on probation. or deny a permit, he shall notify the owner in writing . The notice shall be deemed sufficient if pasted deposited in the United States mail addressed to H:1LEG- DIRIAIisonL\AlisonL H1Alison's Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.doc -308- 13 the owner's business address as contained in the original or renewal application for a permit erne s_r_. by electronic mail or facsimile. The owner shall have the right to appeal the chief of police's decision to revoke a permit or deny a permit application, within ten (10) days from the date of the notice of revocation or denial, by sending a letter addressed to the city manager stating that an appeal from the-raling of the chief of police's decision is desired, If an appeal is perfected, as-herein-previded; the ruling of the chief of police's decision shall be suspendeding pending a hearing by the city manager or his designee. The city manager or his designee shall promptly,. and - within thirty (30) days, hear such appeal and shall either sustain, modify, or revoke the ruling of the chief of police's decision. If no appeal is taken , or if it is untimely filed, or if the city manager or his designee does not hear the appeal within thirty (30) days from receiving the notice of appeal, the-nding-o€ the chief of police's decision shall be final and the permit is denied . revoked or suspended. When a permit revocation is upheld, the owner shall remove, within five (5) working days, the city permit number from the sides of all wreckers previously permitted and the annual permit decal from the windshields, - -• _ - Sec. 57 -234. Same -- Waiting period after revocation. No person, firm,, partnership or corporation whose auto wrecker or rotation list permit has been revoked shall be eligible to apply for a new permit for a period of at least one (1) year from the date of revocation. Sec. 57 -235. Promulgation of regulations. The chief of police is authorized to issue rules and regulations relating to �'-s the operation of permitted auto wreckers consistent with the provisions of this article and designed to effectuate the general purpose of this article. Violation of any provisions of the chief of police rules and regulations may result in suspension or revocation of the auto wrecker permit and/or denial or removal from rotation list. The appeal process described in Sec. 57 -233 will apply to alleged violations of any such provisions. Sec. 57 -236. Maintenance of place of business and equipment. No owner may operate a permitted auto wrecker business and storage facility, unless he maintains his place of business, his storage facility, and all of his equipment in a manner that continuously complies with the provision of this article and the zoning, fire prevention, and other city ordinances of the city. Sec. 57 -237. One company per business location. Only one (1) permitted auto wrecker business and storage facility may operate by at any one (1) business address and/or location, regardless of whether the same person, partnership, or corporation owns more than one (1) permitted auto wrecker business. If two (2) or more auto wrecker businesses were in operation at the same business address and/or location prior to March 8, 1988 they are exempted from this section. However, any owner whose auto wrecker or rotation list permit is suspended or revoked by the chief of police, or who voluntarily removes himself from the wrecker rotation list, or who fails to renew his permit shall lose the exemption and may not resume auto wrecker operations at the same business address and/or location as another permitted auto wrecker business. Each owner may only operate auto wreckers which are permitted to him in response to any call for service from the police department. Sec. 57 -238. Twenty- four -hour service. bask eOwner and wrecker company who holding a rotation list permit shall maintain sufficient personnel and auto wreckers to provide twenty- four -hour a day auto wrecker service . Each owner and wrecker company shall have at least one (1) telephone number which is answered twenty- four -hours a day, ceven (7) days a week suspendingor reveldag-t#e-p . H:1 LEG- DIR\AIisonL\AlisonL H1Alison's Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.doc -309- 14 Sec. 57 -239. Vehicle storage facility; attendant at business address and storage area. An auto wrecker rotation list permit shall be issued only to an owner who has a properly zoned vehicle storage facility at its business address which meets the following requirements: (a) The storage area shall be completely enclosed with a wire or wooden fence at least six (6) feet in height or as required by the zoning ordinance, whichever requirements are greater, including a gate which is locked at all times when the owner,. eF an agent or employee is not at the storage area. The fence shall be continuously maintained in good condition. (b) The storage area shall have an all - weather surface such as concrete, asphalt, black -top, stone, macadam, limestone, iron ore, gravel, caliche, or shell that enables the safe and effective movement of stored vehicles upon all portions of the lot. both under their own power and under tow, at all times, regardless of prevailing weather conditions. The surface shall also be free of overgrown vegetation. (c) The storage area shall have a sign at the entrance which is clearly readable from the street setting out the name of the auto wrecker business, the street address, correct telephone number, and the hours vehicles will be released to vehicle owners. (d) The storage area shall have a sign setting out the per diem charge for storage and all other fees which may be charged by the owner. This sign shall be clearly visible to a vehicle owner prior to the payment of any fees. (e) Owner shall maintain adequate illumination levels throughout the vehicle storage facility which shall not be less than 250 -watt element for each 1/4 acre of storage area, (f) Owner, his employee, or agent shall be at the auto wrecker business address and shall have access to the vehicle storage facility, and all vehicles stored there, during normal business hours. A person who works at the vehicle storage facility must be licensed by the Texas Department of Licensing and Regulation and must produce the license upon request of the chief of police. The vehicle storage facility attendant must have the authority to release vehicles. (g) Owner shall have a publicly listed phone which is answered at the business address twenty-few-R.4) during normal business hours a- day -seven () dayc ° week using the name permitted to owner. Use of an answering service which places the police dispatcher on hold, eran answering machine or voice mail; is prohibited. : ... .: .. _ . .: . (h) The police dispatcher shall not be placed on hold to answer other incoming calls. Placing the police dispatcher on hold prior to obtaining all pertinent information may subject an the owner to being moved to the bottom of the rotation list at the chief of police -chiefs discretion. (i} . .. . . . : . • • • • • ... • • • ... • ..... , that- eOwner must provide at least five (5) days written notice to the chief of police chief at-least-five-(5-)-days-after before the business address or phone number is changed. Sec. 57 -240. Inspection of vehicle storage facility. Prior to the issuance of an auto wrecker rotation list permit, the chief of police or his.designee shall inspect the vehicle storage area to determine that it meets the provisions of section 57 -239 and that it is reasonably secured to protect stored vehicles against theft and vandalism. The inspector shall also check with the department of planning to ascertain whether the storage area is located in a zoning district which allows auto wrecker businesses and vehicle storage facilities. Any auto wrecker company which holds a permit issued under this chapter shall permit inspection of its vehicle storage facility at any time deemed necessary by the chief of police. Failure to permit H:ILEG- DIR1AlisonL\AlisonL H\Alison's Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.doc -310- 15 inspection within eight (8) hours of a request by the chief of police or his designee shall be deemed grounds for revocation of permit. Sec. 57 -241. Prerequisite to towing impounded or disabled vehicles. (a) No auto wrecker shall winch, right, or tow any vehicle which exceeds the auto wrecker's weight limitations, except in case of an emergency as determined by a certified peace officer at the scene. (b) Rotation list or incident management tow. Impounded vehicles towed by police - initiation off the rotation list shall be taken to the city impound lot. Disabled vehicles shall be taken to the wrecker's vehicle storage facility. The auto wrecker dispatched for a rotation list or incident management tow shall be the next scheduled rotation wrecker, unless the owner or driver of the vehicle to be towed requests the on -scene police officer to send another permitted auto wrecker prior to the time the next scheduled rotation wrecker is dispatched to the scene. (c) Consent tow. The auto wrecker dispatched for a consent tow shall be the next scheduled rotation wrecker unless the vehicle owner or driver: (1) Personally calls an auto wrecker of his/her preference; or wrecker belonging to the owner may be called by the owner for a consent tow. (d) No vehicle shall be towed by an auto wrecker which does not display a Texas tow truck plate, a Texas license plate, and a City of Corpus Christi wrecker permit decal. (e) In a situation where safety or time dictates otherwise, the peace officer on the scene may direct actions inconsistent with these requirements. Sec. 57 -242. Transfer of disabled vehicles by wrecker not under permit. No disabled vehicle shall be moved by any auto wrecker not covered by a required permitted unless the owner or driver of said disabled vehicle personally calls an auto wrecker of his own preference prior to the time that the next scheduled rotation wrecker has been dispatched to the scene. Sec. 57 -243. Dispatching in rotation. (a) The chief of police chief shall establish an equitable rotation list system comprise of the owners all auto wrecker companies holding auto wrecker rotation Iist permits, where each owner wrecker con pany is dispatched in rotation to a police- initiated or incident management tow. No police officer or dispatcher shall cause any auto wrecker to go to the scene of a disabled or impounded vehicle other than the next scheduled rotation wrecker unless: (1) The closest wrecker is sent because: a. An extreme emergency situation exists where a human life is at stake; or b. An accident has blocked a traffic lane on the Harbor Bridge, Nueces Bay Causeway, 7FK Bridge or causeway, Interstate Highway 37, State Highway 77, State Highway 286, State Highway 358, State Highway 44/358 interchange, or the respective highway access road intersections where traffic congestion is causing traffic to backup on those highways; or H:ILEG- DIR\AlisonL \AlisonL H1Alison's Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.doc —311— 16 (2) The owner or driver of a disabled or impounded vehicle wants to use another auto wrecker than the next scheduled rotation wrecker and requests that company prior to the next scheduled rotation wrecker being dispatched to the scene. (b) If the owner or driver of a disabled vehicle wants to use an auto wrecker company not on the rotation list, the owner or driver must contact that company directly but not through the police officer or dispatcher. (c) No police officer shall suggest or recommend that the owner or driver of a disabled vehicle call any auto wrecker company other than the next scheduled rotation wrecker. (d) However, in a situation where safety or time indicates otherwise, the peace officer on the scene may direct actions inconsistent with these requirements. Sec. 57 -244. Soliciting wrecker business on city streets prohibited; presence at scene of collision as prima facie evidence of violation. - . . • - . .. • _ __ _...... this-sestion..(a) A person commits an offense if: (I) the person arrives at the scene of a traffic accident or an incident to perform a nonconsent or incident management tow of a motor vehicle without first being contacted by the police department or vehicle owner; (2) the person directly or indirectly solicits, on streets located in the city, towing services, including towing, removing, repairing, wrecking, storing, trading, selling, or purchasing related to a vehicle that has been damaged in an accident to the extent that it cannot be normally and safely driven; or (3) the person enters the scene of a traffic accident. an incident, or other area under the control of a peace officer without the permission of the peace officer. (b) The presence of any auto wrecker that was not dispatched by the police department or requested by the vehicle owner at or near the scene of an accident in the city after the accident or prior to the removal of all disabled vehicles shall be prima facie evidence of solicitation in violation of this section. Sec. 57 -245. Responding to calls. (a) Each owner or wrecker company on the rotation list shall have sufficient personnel, equipment, and auto wreckers to respond to all tow assignments given by the police dispatcher. On scene rResponse time slime prompt -and shall not exceed thirty (30) minutes after the police dispatcher's notification of the assignment. (b) The owner, his agent or employee shall not refuse an assignment except for safety reasons or if all owner's auto wreckers are already performing other police tow work. If the owner, his agent or employee refuses an assignment, he must notify the police dispatcher of the reason. Documentation may be required if the reason is auto wrecker equipment failure or prior tow work. (c) If an owner or wrecker company fails to respond or refuses an assignment, H:1LEG- DIR\AlisonL\AlisonL H\Alison's Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.doc -312- 17 the police chief ate - discrete may revoke or suspend er -plaee en -proles ion- n the wrecker company or owner's auto wrecker rotation list permit. (d) A revocation or suspension may be appealed in the manner set out in section 57 -233. Sec. 57 -246. Removal of wreckage and debris, etc., at the scene of an accident. The owner shall completely remove from an accident scene all resulting wreckage and debris, including all broken glass and metal fragments, before leaving the scene. This debris shall be properly disposed of, and shall be removed to the extent that the debris will not enter the gutters, storm sewers, streams, and public rights -of -way. Property not belonging to the auto wrecker company shall be collected and removed from the scene but shall not be disposed of without the property owner's prior consent. Sec. 57 -247. Notice of location of storage facility. (a) If the vehicle owner or driver of a disabled vehicle is at the scene and capable of receiving information, owner wrecker company shall notify the vehicle owner or driver of the disabled vehiclerand by givinge him or her a fee schedule and a card which notifies him or her; that the disabled vehicle will be towed to owner's vehicle storage facility unless the vehicle's owner or operator requests that the vehicle be towed elsewhere. (b) The card shall contain the business's name, address, phone number, hours during which the vehicle can be reclaimed, and a statement that there will be charges for all services provided. (c) Failure to provide the card and fee schedule may result in revocation or suspension or probation of owner's auto wrecker or rotation list permit, which may be appealed as set out in section 57 -233. Sec. 57 -248. Auto wrecker drivers. (a) An auto wrecker driver must hold a driver's license and at least eighteen (18) years of age, and must be trained, in accordance to the Texas Department of Licensing and Regulation, in the use and operation of any specialized equipment to be used ef-of in towing disabled and impounded vehicles for the police department. (b) An auto wrecker driver must be familiar with the city road system in order to be able to respond promptly respond to the scene and any request for service. (c) The chief of police may request documentation of training or demonstration of a potential driver's ability to tow a disabled or impounded vehicle and/or test his/her knowledge of the city roadway system prior to approving a driver. Driver is required to complete continuing education courses approved by the Texas Department of Licensing and Regulation. (d) Only approved auto wreckers drivers may perform towing operations and operate permitted auto wreckers. An invoice with an unapproved auto wrecker driver police -will not be paid by the police department. (e) Owner and wrecker company shall require drug and alcohol tests of drivers who will be new to the rotation wrecker list and must submit drug and alcohol test results to supply the chief of police (test results must be from a test taken within 90 days from the date of expected employment) and the following information at least three five (35) working days before the expected employment of an auto wrecker driver: Lll driver's full name, including any aliases; ) date of birth; H:1LEG- D1R1AlisonL\AlisonL H\Alison's Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.doc -313- 18 a) social security number; fj copy of current Texas and all other states driver's licenses issued to the driver within five (51 years prior to the submission of the application; (5) current address and each address where driver has resided in the ten (10) years prior to the application; (6) whether driver has been arrested for any criminal offense in this state or any other state or country, the date of the arrest or confinement, and the place, court and case number; (7) evidence that the applicant has passed a drug screening test administered within fifteen (15) days preceding the date of the application; (8) driver must submit himself or herself at such times and places designated by the police chief or his designee to be photographed and fingerprinted; (9) complete any forms required by the chief of police or his designee to obtain or perform criminal history or background check; and (10) such other information as the chief of police or his designee finds relevant. The chief of police shall conduct a criminal history or background check on all auto wrecker drivers and send a written approvale or denials, within ten (10) working days, to the owner or wrecker company indicating whether the driver is eligible to operate an auto wrecker denial. The chief of police shall investigate or cause to be investigated the character, experience and Qualifications of the driver's in order to determine the driver's fitness to operate an auto wrecker consistent with the public safety and welfare, and shall consider whether approving the driver would constitute an unreasonable risk to the public safety and welfare. The chief of police shall consider whether the driver has been guilty of a criminal act directly related to the occupation of auto wrecker. In determining whether the criminal act directly relates to said occupation. the chief of police shall consider: a. The nature and seriousness of the crime: b. The relationship of the crime to the operating an auto wrecker, for example the following are deemed to have such a relationship because of the danger to the public and their property and potential for criminal activities e nhanced by the large number of public contacts: i. Theft and other crimes of dishonesty, ii. Assaultive and harassment crimes, iii. Solicitation ofnrostitutiori iv. Sexual abuse crimes, v. Crimes of alcohol or drug abuse, or vi. Traffic offenses; c. The extent to which the approval might offer an opportunity to engage in further criminal activity of the same type; d. The extent and nature of the past criminal activity; H:ILEG- DIR\AIisonL \AlisonL H\Alison's OrdinancesTirst Reading as Amended Auto Wrecker Ordinance 2011.doc —314— 19 e. The age of the driver when the crime was committed; f. The amount of time elapsed since the driver's last criminal activity; g. The conduct and work activity of the .person prior to and following the criminal activity; la. Evidence of rehabilitation efforts; i. Other evidence of personal fitness submitted by the driver such as recommendations from prosecution, law enforcement, correctional officers. (f) Owner or wrecker company shall supply submit the above required driver's information on all approved drivers to the chief of police ebie€ semiannually on June 1 and December 1. Owner shall notify the chief of police eh4e€ within five (5) working days after termination of any driver. (g) No auto wrecker may be operated by any driver who has received three (3) moving violation or traffic citations within the preceding twelve -month period, unless all three (3) citations violations arose out of one (1) aeeident incident. Unless directed otherwise by a police officer, auto wrecker driver shall adhere to all traffic regulations. (h) Owner shall require each driver to submit to an alcohol and drug testing in accordance to Chapter 2308 of the Occupations Code and Chapter 86 of the Texas Department of Licensing and Regulation Administrative Rules and shall submit the results to the chief of police within five (5) working days. Drivers are required to sign a consent form authorizing the test and permitting release of test results to the Corpus Christi Police Department. The failure or refusal by a driver or applicant to cooperate fully by signing necessary consent forms or other required documents or the failure or refusal to submit to any test or any procedure under this chapter in a timely manner will be grounds for denial, revocation or suspension of permit. The submission by a driver or applicant of a urine sample that is not his/her own or is a diluted specimen shall be grounds for denial, revocation or suspension of permit. (i) Owner shall inform the chief of police in writing of any towing operator convicted (includingpleas of guilty and nolo contendere) of any offenses listed in this section within five (5) working days of the conviction. (j) Owner shall notify the chief of police, within fifteen (15) days, in writing of any changes to driver's home address. Sec. 57 -249. Reassembly of parts. Whenever it is necessary to disassemble parts to a vehicle in order to tow said vehicle, the owner or wrecker company shall reassemble such parts upon reaching his storage facility if requested by the vehicle owner or if the vehicle is to be reclaimed by the vehicle owner. Sec. 57 -250. Storing wreckers on public streets or rights-of-way prohibited. No owner shall store any disabled vehicle or auto wrecker on the public streets or rights -of -way. Sec. 57 -251. Dispatching of category A and category B wreckers. When the police dispatcher assigns a rotation wrecker to the scene of a disabled or impounded vehicle, the assignment will include how many and what category of auto wrecker shall be sent to the scene. The owner, his agent or employee will advise the police dispatcher how many of its permitted auto wreckers are available at the time of the call. H:I LEG- D1R\AlisonL \AlisonL li\Alison's Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.daoc -315- 20 Owner shall not refer an assignment to another auto wrecker company, even if the owner owns the other company. Any such referral may result in revocation or suspension of owner's auto wrecker permit, which may be appealed as set out in section 57 -233, at the chief of police chiefs discretion. If an auto wrecker is not at owner's business location, or if an auto wrecker has been assigned to the scene of a disabled or impounded vehicle and not already on its way back to owner's business address at the time of the police dispatcher's call, an auto wrecker is not available for being assigned a new scene. Neither owner nor his agents or employees shall drive a disabled or impounded vehicle which they have been assigned to tow. Sec. 57 -252. Officer at the scene. A police officer shall stay at the scene of an accident until the scene is completely cleared whenever practical. Sec. 57 -253. Emergency dispatches. No auto wrecker shall be dispatched on an emergency run undo -a = °1 -17 (- n) without a police escort. Sec. 57 -254. Maximum auto wrecker service and storage fees. The following towing fees shall be paid by the person reclaiming the towed vehicle: (a) Police - initiated nonconsent rotation list or incident management tow fees will be paid to the city at the city vehicle impound lot. (b) All other fees will be paid to the auto wrecker company according to that company's policy. (c) If a vehicle owner or operator pays a drop fee and the police officer at the scene authorizes requests the release of a vehicle after an auto wrecker has arrived at the scene and started physically attaching the vehicle to the auto wrecker, and but before the vehicle has been towed from the location, then the auto wrecker owner or driver shall release the vehicle . (d) Maximum towing, storage and administrative fees. 1. All permitted wreckers other than rotation list category B wreckers: a. Normal rotation list non - consent tow (includes double hook up and towing of truck and trailer as one unit) ... $ 9040-I 10.00 b. Private property impound ... 85.00 c. D r o p fee ... 50.00 d. Tire change rather than use dollies: i. One tire ... 15.00 ii. Two tires ... 20.00 Required use of dollies, go jacks or skates ... 30.00 H:ILEG- DlR\A1isonLAAlisonL H\Alison's Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.doc -316- 21 e. Additional labor such as winching for removal from a ditch or water, righting an overturned vehicle or for similar unusual circumstances (all inclusive) ... 30.00 f. Total maximum towing fee including the use of dollies and additional labor, but excluding additional time at the scene and unusual distance Rotation list tow ... 435.00 170.00 Private property impound tow ... 145.00 g. Additional fee for each half-hour or portion thereof at the scene in excess of one -half hour not caused by delay on the part of the permit holder, per 30 minutes ...15.00 h. Unusual distance charge: i. Additional fee for a tow originating from the area within city limits west of Callicoate Road to US 77 ... 5.00 ii. Additional fee for a tow originating from US 7711H 37 and from the area within city limits west of US 77/1137... 15.00 iii. Additional fee for a tow originating from the area within city limits east of the JFK Causeway to Fish Pass ... 5.00 iv. Additional fee for a tow originating from the area within city limits north of Fish Pass to Port Aransas city limits ... 15.00 i. Cleanup only, no tow required ... 35.00 2. Category B auto wreckers: a. Normal nNonconsent tow (includes double hookup and towing of tractor and trailer as one unit, removal of shaft or axle, application of air to brake system, and/or caging brakes, to prepare for tow) ... 290.00 -40000 325.00 b. Additional fee allowed in Sec. 57- 254(d)(2)(a) includes labor-such -as rigging up, winching for removal from ditch or water, righting an overturned vehicle, clean up, or for similar unusual circumstances411-inalusive) per 43 30-minutes, .. 20:08 275.00 per hour c. Private property impound (include double hookup and towing of tractor and trailer as one unit. removal of shaft or axle. application of air to brake system. and additional labor such as cleanup. winching for removal from ditch or water. righting an overturned vehicle, nulling an axle or for similar unusual circumstances) per-hoar-... 50.00 400.00 d. Working time, Additional costs (specialized equipment such as crane, backhoe, fork lift) per -how ... 200.-00- actual cost (within industry standard) for leasing or renting equipmentplus a maximum of 25% up charge. 3. Daily storage fees: Storage for all or part of the first 24 hours, and for each subsequent 24 -hour period or part thereof: H:1 LEG- DIR \AlisonL\AiisonL H1Alison's Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.doc -317- 22 a. Recovered stolen vehicles .. . 5.00 b. Vehicles not longer than 25 feet ... T5:O) 20.00 c. Vehicles longer than 25 feet ... 39:98 35.00 4. Impoundment fee for any action that is taken by or at the direction of the owner or operator of the facility and is necessary to preserve, protect, or service a vehicle stored or parked at the facility ... 20.00 5. Notification fees for: Vehicle registration research, certified letters, newspaper advertisements and preparation necessary to inform the last registered owner and lien holder(s). Can be charged only if actually performed ... 50.00 (e) Multiple vehicles. 1. When a vehicle and trailer are both towed by one auto wrecker, only one (1) towing fee shall be paid to the owner. If the vehicle and trailer are too large or too heavily leaded to be safely towed by a single wrecker, another wrecker may be used and an additional fee charged. 2. When more than one (1) vehicle is transported by one (I) auto wrecker, e.g., motorcycles or parts of vehicles, only one (1) towing fee shall be paid to owner. (I) Invoices. 1. Each customer invoice shall include the owner's company name, business address and phone number, permit number, name of the auto wrecker who performed the specific assignment being invoiced, date and time of assignment, date and time assignment completed (i.e., delivery of the vehicle), hours when vehicles can be reclaimed, and an itemized statement of charges. A fee schedule listing the maximum towing, storage, etc. fees shall be attached to each- eensent tow invoice. 2. The city shall provide each owner with the basic fee schedule copies to attach to the consent tow customer invoices. Failure to attach the fee schedule shall be grounds for revocation or suspension of owner's permit, unless the vehicle owner or agent consents to the omission. 3. Only service provided by an auto wrecker permitted under an auto wrecker or rotation list permit number shall be invoiced , employee to that permit; service provided under any other permit number other than the permit number under which it is billed is in violation of this ordinance and shall be grounds for revocation of the permit. 4. &ash— eOwner shall invoice the police department for nonconsent (impound) or incident management tows, which shall include an itemized statement of charges and an explanation of all charges above the normal towing only fee. 5. The chief of police will review each invoice and either approve, er- reject or modify charges for services rendered. (g) An auto wrecker company and owner shall charge no fees for servicing a notice initiated nonconsent or incident management tow in excess of the fees authorized under city ordinance for vehicles towed. Further, the auto wrecker owner shall not obligate the vehicle owner in a H:ILEG- DIR \AlisonL\AlisonL H\Alison's Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.doc -318- 23 nonconsent or incident management tow to nay any fees in excess of those authorized for a vehicle delivered to a state licensed vehicle storage facility without the consent of the vehicle owner. The chief of police may require the auto wrecker owner or wrecker company to reimburse the vehicle owner or operator for any overcharges or unauthorized charges. Any overcharges or unauthorized charges shall be reimbursed to vehicle owner within five (5) business days, and the chief of police may suspend the auto wrecker company permit if its fails to comply. Sec. 57 -255. Notification to permit holders of pending changes to permit regulations. Holders of permits under Article V of this chapter of the City Code shall be notified by the City of Corpus Christi of any pending changes in Article V. Sec. 57 -256. Cease and desist order. The chief of police may issue a cease and desist order as necessary to enforce this article if the chief of police determines the action is necessary to prevent a violation of this article and to protect public health and safety. Sec. 57 -257. Logs required to be kept for tow. Each wrecker service company on the rotation list shall keep a record of each vehicle towed for the rotation list, the make, model, color, license number of said vehicle, the name of the person requesting the pull, the location where the vehicle was picked up. and the location where deposited. This Ion of rotation tows will be open to the police department inspection at any time. It shall be unlawful for a wrecker company or owner to fail or refuse to produce this log to the police department for inspection. Sec. 57 -258. Towing fee study. (a) In this section, a "towing fee study" is a study to determine the fair market value of a non- consent tow orininatin;a in the City, considering financial information provided to the City the wrecker company requesting the study. (b) A wrecker company may request that the City conduct a towing fee study by filing a written request with the city manager by certified mail. return receipt requested. or by hand delivery. (c) Within 90 days after the filing of an initial request, additional wrecker companies may join the request by filing written requests in accordance with Subsection (b). (d) The City shall conduct a towing fee study if the initial requestor and the additional requestors, if any: (1) accounted for not less than 50 percent of the non - consent tows performed in the City during the preceding twelve month period, as determined by the city manager; and (2) deposit with the city manager a fee of $5.000. (e) If the towing fee study is not conducted the City shall refund the fee. less an administrative fee of $500. (f) Each wrecker company requesting the towing fee study shall cooperate with the City to conduct the study and such wrecker company shall provide to the City information determined by the city manager to be reasonably necessary to determine the fair market value of towing services regulated under this article. (g) The City shall complete a towing fee study not later than the 180th day after receiving all information required under Subsection (f): (h) The city manager shall present to the city council the results of the towing fee study. The city manager shall give each wrecker company that owns or leases auto wrecker registered with the City written H:1LEG- DiR\AlisonL\AlisonL H\Alisonts Ordinances\First Reading as Amended Auto Wrecker Ordinance 2011.doc —319— 24 notice of the time, date, and location of the city council meeting at which the study is to be considered. The notice must be sent by United States regular mail to the wrecker company's address listed in the latest registration application on file with the chief of police. (i] Based on the results of the towing fee study, the city council may change the non - consent towing fees. The maximum fees must represent the fair market value of the services of a wrecker company performing non - consent tows originating in the City. f j) The City is not required to conduct more than one towing fee study within a two -year timeperiod, measured from the date the city council most recently considered a towing fee study." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are repealed as of the effective date of this Ordinance. SECTION 5. This Ordinance takes effect March 1, 2011. Fl:1LEG- DIR\AlisonL \AlisonL HAAlison's Ordinances\F'irst Reading as Amended Auto Wrecker Ordinance 2011.doc -320- That the foregoing ordinance was read for the first time and passed to its second reading on this the F L . , 2011, by the following vote: Joe Adame Mark Scott Larry Elizondo, Sr. Kevin Kieschnick Linda Strong Priscilla G. Leal John E. Marez Nelda Martinez Chris N. Adler That the foregoing ordinance was read for the second time and passed finally on this the day of 2011, by the following vote: Joe Adame Mark Scott Larry Elizondo, Sr. Kevin Kieschnick Linda Strong Priscilla G. Leal John E. Marez Nelda Martinez Chris N. Adler PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED AS TO FORM: February 1, 2011 Alison J. Logan Assistant City Atto3 ley For City Attorney 25 day of H:1LEG- DIR\AlisonL\AlisonL H\Alison's OrdinancesWirst Reading as Amended Auto Wrecker Ordinance 2011.doc -321- I, 2nd READING AN ORDINANCE AMENDING CHAPTER 57, ARTICLE V. OF THE CORPUS CHRISTI CODE OF ORDINANCES, BY REVISING SEVERAL SECTIONS IN SAID ARTICLE TO PROVIDE FOR EXPANDED DEFINITIONS; MORE OFFENSES AND . PENALTIES; OTHER SPECIFIC REQUIREMENTS APPLICABLE TO AUTO WRECKERS AND AUTO WRECKER COMPANIES; PROVIDING FOR A SEVERANCE CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF MARCH 1, 2011. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Code of Ordinances, Chapter 57, Vehicles for Hire, Article V, Auto Wreckers, is amended by revising the Article to read as follows: "Sec. 57 -220. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Auto wrecker: Means a motor vehicle, including a wrecker, equipped with a mechanical device used to tow. winch. or otherwise move another motor vehicle. The term does not include: l) a motor vehicle owned and operated by a governmental entity, including a public school district; bit a motor vehicle towing: a race car; gi a motor vehicle for exhibition; or an antique motor vehicle; a recreational vehicle towing another vehicle; a motor vehicle used in combination with a tow bar. tow dolly, or other mechanical device if the vehicle is not operated in the furtherance of a commercial enterprise; (e) a motor vehicle that is controlled or operated by a farmer or rancher and used for towing a farm vehicle; or ft a motor vehicle that: LU is owned or operated by an entity the primary business of which is the rental of motor vehicles: and (2) only tows vehicles rented by the entity. Certificate of insurance: A certificate prescribed by and filed with the chief of police in which an insurance carrier or surety company, approved in this state, warrants that a towing company for whom the certificate is filed has the minimum coverage as required by Chapter 2308 of the Occupations Code. Chief of police: The chief of the police department of the City of Corpus Christi or his designated representative. 14:11.1G- DIR\AlisonL \AlisonL H\Alison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 2011.doc -322- 2 City: The City of Corpus Christi. Closest wrecker: The owner of an auto wrecker permit which is located geographically closest to the scene of an emergency situation can be dispatched for an emergency disregarding the rotation list. This does not mean an auto wrecker which happens to be near the scene. Has the meaning assigned by Section 2308.002 of the Occupations Code. Disabled vehicle: Any motor vehicle located on any public street, alley, or sidewalk area which is incapable of being driven under its own power due to mechanical breakdown, collision, or for any other reason. Driver's license: Has the meaning assigned by Section 521.001 of the Transportation Code. Drop fee: The price to be charged in lieu of a towing fee where, after an auto wrecker has been dispatched to, or is at the scene of a tow, and has started to physically attach or connect the vehicle to the auto wrecker, and the vehicle has not been towed from the scene when the vehicle owner requests its release. Emergency situation: A serious vehicle accident or similar situation in which the rapid arrival of an auto wrecker would considerably reduce a life or death risk or in which extreme blockage of a major thoroughfare is involved. Impounded vehicle: Any vehicle which police officers are authorized to impound and remove under the provisions of any ordinance of the City of Corpus Christi, any law of the State of Texas, or any contract or agreement with any law enforcement agency. Incident: An unplanned randomly occurring traffic event that adversely affects normal traffic operations. Incident management tow: Has the meaning assigned by Section 2308.002 of the Occupations Code. Nonconsent tow: Has the meaning assigned by Section 2308.002 of the Occupations Code. Normal tow: All measures necessary to transport a disabled vehicle including but not limited to: double hook -up, multiple tow (vehicle and small trailer), cleaning of an accident scene; it does not include: winching, changing tire(s), use of dolly(ies), on -scene delays caused by other than the wrecker driver, or a second wrecker to tow or assist the first wrecker on a single disabled vehicle, which have additional fees. Owner: The person, corporation, or partnership which has an auto wrecker permit and owns any auto wrecker which is permitted by article V. Owner includes all owner's employees and agents and shall be plural if the context so requires. Parking facility: parking. Has the meaning assigned by Section 2308.002 of the Occupations Code. Parking facility authorized agent: Has the meaning assigned by Section 2308.002 of the Occupations Code. H :\LEG- DIR\AlisonL\AlisonL H\Aiison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 2011.doc -323- 3 Parking facility owner: Has the meaning assigned by Section 2308.002 of the Occupations Code. Private property impound: A nonconsent tow from private property. Private proerty tow: Has the meaning assigned by Section 2308,002 of the Occupations Code. Public roadway: Has the meaning assigned by Section 2308.002 of the Occupations Code. Rotation list: The list set up by section 57 -243 which determines the order in which auto wreckers are sent to tow a vehicle for the police department. Rotation wrecker: An auto wrecker company permitted to conduct police - initiated rotation or incident management tow and impound towing within the territorial limits of the city. Rollback wrecker: A tow truck equipped with a moveable bed, which is adapted for winching a vehicle onto the bed for the purpose of recovering and transporting that vehicle. Scene: The location of a disabled or impounded vehicle. Unauthorized vehicle: A vehicle parked, stored, or located on a parking facility without the consent of the parking facility owner. Vehicle: Has the meaning assigned by Section 2308.002 of the Occupations Code. Vehicle owner: Has the meaning assigned by Section 2308.02 of the Occupations Code. Vehicle storage facility: Has the meaning assigned by Section 2308.02 of the Occupations Code. Wrecker company: _ • Means an individual, association, corporation, or other legal entity that controls, operates, or directs the operation of one or more tow trucks over a public roadway for compensation within the territorial limits of the city. Sec. 57 -221. Offenses; penalty. Unless otherwise stated, a culpable mental state is not a required element of an offense under this article. A person who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as prescribed by section 1 -6. Each day that a violation continues shall constitute a separate offense. (a) A person commits an offense if the person intentionally or knowingly without consent of the vehicle owner, operator, or authorized representative of the owner tows or causes the towing of a vehicle from private property; other than an abandoned, junked, illegally parked, trespassing, repossessed, or unauthorized vehicle. (b) A person commits an offense if the person intentionally or knowingly tows or causes the towing of a vehicle from any public street, right -of -way, beach, or public property without the consent of the vehicle owner or operator, or at the direction of a sworn peace officer acting in his official capacity. (c) A person commits an offense if the person intentionally or knowingly tows or causes the towing of a vehicle as an unauthorized vehicle, in accordance with the Texas Transportation Occupations Code, from a parking facility that is does not have a properly sign posted sign, or that the vehicle owner has not received proper notice, or that the vehicle was not left in violation of section 644414 2308.254 of the Transperlation Occupations Code, or that the vehicle was in or obstructing a paved driveway or abutting public roadway used for entering or exiting the facility. H;ILEG- D1R1AIisonL \AlisonL H\Alison's Ordinances\Second acing as Amended Auto Wrecker Ordinance 2011.doc 4 (d) A person commits an offense if the person = : - _ - = = _ = = = violates any section of this article, any rules or regulations promulgated by the chief of police, the Texas Department of Licensing and Regulation, or Chapter 2308 of the Occupations Code. (e) A person commits an offense if the person charges or collects a fee that is not authorized or is greater than the amount authorized by this article. in A person commits an offense if the person allows an unapproved driver to overate an auto wrecker. (g) A person commits an offense if the person submits a falsified application, affidavit, business records, certification. training, drug or alcohol testing results. (h) A person commits an offense if the person consumes any alcoholic beverage or uses any controlled substance while on duty or operates an auto wrecker. (i) A person commits an offense if the person operates an auto wrecker without a valid permit issued by the chief of police. 0) A person commits an offeme if the person works or allow another person to work at a vehicle storage facility without a license issued by the Texas Department of Licensing and Regulation. Sec. 57 -222. _Cj_q Permit required tv. (a) Unless allowed by. another law or regulation, a wrecker company or an auto wrecker operator shall not operate or cause an auto wrecker to be operated on the public roadways within the territorial limits of the city unless the auto wrecker displays, in accordance to Section 57 -229. a current permit issued by the chief of police for the auto wrecker under this article. A separate permit is required for each auto wrecker. Sec. 57 -223. Application, contents, fees. (a) [General.) Any person, firm, corporation, or partnership desiring to operate one (1) or more auto wreckers for compensation in the city shall make an original or renewal application for an auto wrecker permit or an auto wrecker rotation list permit to the chief of police as follows. (b) Original application. An applicant shall subunit: (1) An original application with the name, address, and current phone number of all owners. H:1LEG- DIR1AlisonL\AlisonL H1Alison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 2011.doc -325- 5 a. If the owner of the auto wrecker is a partnership, the application shall contain the partnership's name, address, and phone numbers and the names, addresses, and phone numbers of all partners. b. If the applicant is a corporation, the application shall state the corporate name, the office address, and phone number of the corporation, together with the names, addresses, and phone numbers of the president and secretary of the corporation. (2) For a autowreeker rotation list permit, a list of each wrecker the owner wants to permit and attach a copy of the Texas License Receipt and the Texas Tow Truck Registration for each wrecker. The permit issued by the chief of police is only valid to the Person and for the wrecker applied. A person who succeeds to the ownership or operation of a wrecker service, and is not identified on a current wrecker service application, must submit a new application to the chief of police. (3) For a rotation list permit, the- owner-shall a list of each wrecker the owner wants to permit, the certification (category A or category B auto wrecker, see section 57 -254), and attach a copy of the Texas License Receipt and the Texas Tow Truck Registration for each auto wrecker. Wrecker company must have at least two (2) properly operating type A wreckers and one (1) properly operating type B wrecker that are fully equipped, in accordance to Section 57 -224, for each category wrecker company is applying for a permit. All auto wreckers must be available for twenty -four (24) hours a day service when dispatched or assigned a call for service regardless of the assigned rotation schedule published by the chief of police each month. (4) Owner -shall provide pProof of ownership of all auto wreckers listed on the auto wrecker permit or rotation list permit issued application. (5) ill probe -a A current certificate from the county tax assessor-collector to prove that a leity taxes on all property, real and personal, to be used in connection with the owner's auto wrecker business are paid. (6) For an auto wrecker rotation list permit, the owner shall provide a copy of a deed to or lease for the proposed location for the auto wrecker business and storage facility and written verification of the zoning of the proposed location from the city planning department. (7) Owner-sitall--previde a-A written statement that he will comply with the provisions of this article and of all other ordinances, statutes and state laws applicable to motor vehicles and auto wrecker businesses. Further, that owner will ensure that all owner's auto wrecker drivers will complyianee with said law . (8) Owner - shall provido a— copy of owner's Texas Sales and Use Permit. (9) A copy of owner's certificate of occupancy at the propesed business location. (10) For an auto wrecker rotation list permit, the-owner-4a. preyide a copy of the owner's current Texas Vehicle Storage Facility Licens e. issued by the Texas Meter Department of Licensing and Regulation (11) A copy of owner's certificate of insurance; in the amounts required by Chapter 2308 of the Occupations Code see section 57 232. (12) For a rotation list permit. a list of all owner's auto wrecker drivers, including each ena's driver's name, Social Security number, date of birth, drivers license number and state of license. All owners and drivers must successfully pass a criminal background check. H:I LEG- DIR\AlisonL \AlisonL H1Alison's Ordinances \Seconclj�iing as Amended Auto Wrecker Ordinance 2011.doc 6 (13) For a rotation list permit.f a sworn affidavit indicating whether the owner and wrecker companv have ever been disciplined by any agency that regulate auto wrecker business including the Texas Department of Licensing and Regulation and the chief of police. The affidavit should state the disciplinary agency, nature of the complaint or violation, date, location, and the penalty imposed. Owner and wrecker companv are required to notify the chief of police, in writing and within ten (10) days from the date in which they receive notice of any disciplinary actions taken against the owner or wrecker companv during the permit term. (14) For a rotation list permit. the owner shall file an affidavit of ownership and provide business records, if requested by the chief of _police, to demonstrate that the wrecker companv has been established within the territorial limits of the city for at least two (21years, and a sworn statement of whether the owner or wrecker companv has received disciplinary actions against it by any agency that regulates the auto wrecker business. The chief of police may deny a rotation list permit to a companv that has received disciplinary actions. or to a companv that is established after March 1, 2011 and does not meet the two (2) years business requirement. (c) Renewal application To renew and maintain continuous licensure, the renewal requirements under this section must be completed prior to the expiration of the permit. A late renewal means the permit holder will have an tin-permitted period from the expiration date of the expired permit to the issuance date of the renewed permit. During the un- permitted period, a tow truck may not be used, caused to be used or operated for towing on the public roadway within the territorial limits of the city. Owner An applicant shall provide submit a renewal application that contains the name, address, and current telephone number of all owners, and the following: (1) Written confirmation of any changes in to information supplied by pis in the original application or renewal application. (2) A current certificate or cunt receipt marked paid from the county tax assessor- collector that all eity taxes on all- propert.3, both real and personal property; used in connection with the owner's auto wrecker business are paid. The chief of police may deny, suspend or revoke a permit if taxes of the preceding year are not paid in full by January 31 of each year. (3) For an auto wrecker rotation list permit, a copy of owner's current Texas Vehicle Storage Facility License issued by the Texas Department of Licensing and Regulation. (4) A current certificate of insurance in the amounts required by Chapter 2308 of the Occupations Code. (5) A copy of owner's current Texas License and Receipt and Texas Tow Truck Registration issued by the Texas Department of Licensing and Regulation to each auto wrecker listed in the application. (6) A copy of the insurance cab card certificate issued by the Texas Department of Licensing and Regulation for each new auto wrecker listed in the application. (7) A list of all owners' current auto wrecker drivers and the required information [see section 57- 223(b)(4 -12)). (8) For a rotation list permit an Oowner and driver must successfully pass a criminal background check. H:ILFG- DIR1AlisonLlAlisonL H1Alison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 2011.doc -327- 7 9 For a rotation list ermit a co of cantinuin education record on all drivers. Continuity education courses must meet the guidelines set forth by the Texas Department of Licensing and Regulation. (10) A sworn affidavit indicating whether owner and wrecker company have ever been disciplined by any agency that regulate auto wrecker business including the Texas Department of Licensing and Regulation and the chief of police. The affidavit should state the disciplinary agency. nature of the complaint or violation, date. location. and the penalty imposed. Owner and wrecker company are required to notify the chief of notice, in writing and within ten (10) days from the date they receive notice of any disciplinary actions taken against the owner or wrecker company during the permit term. (11) For a rotation list permit, the owner shall file an affidavit of ownership and provide business records, if requested by the chief of police, to demonstrate that the wrecker company has been established within the territorial limits of the city for at least two (2) years, and a sworn statement of whether the owner or wrecker company ° r has received disciplinary action against it by any agency that regulates the auto wrecker business. The chief of police may deny a rotation list permit to a company that ' has received disciplinary actions, or to a company that is established after IannoryMarchl, 2011 and does not meet the two (2)years business requirement. (d) Original application or renewal application. The application for an auto wrecker or auto wrecker rotation list permit or renewal application shall be accompanied by an application fee of one hundred dollars ($100.00). If application or renewal is approved, the owner shall pay the permit fees as provided in section 57 -226. No more than one permit shall be issued to any auto wrecker company or owner of multiple auto wrecker companies that are established after March 1. 2011. This section does not impede the city's right not to issue a permit to any towing company. (e) Inspection. Upon receipt of the application, the required tangoing information and fees, a police department representative will inspect the applicant's auto wrecker and storage facility. - - in accordance with the provisions of sections 57 -224 and 57 -240. Sec. 57 -224. Application and certification. (a) The chief of police or the police chiefs designee shall review each auto wrecker permit application and east -auto wrecker rotation list permit application for compliance with this article, and shall inspect and certify each listed auto wrecker, business location, and storage facility for rotation list permits if eaeh-histed the auto wrecker meets the requirements of a rotation list category A or category B auto wrecker, and if the business location and storage facility are acceptable and properly zoned. (b) Category A. A category A auto wrecker shall meet the following requirements: (1) Be not less than one (1) ton (minimum ten thousand (10,000) pounds gross vehicle weight) in capacity, as reflected on the manufacturer's certificate. If the unit does not have a manufacturer's certificate, then the gross vehicle weight shall be determined by a testing procedure approved by the chief of police. (2) Be equipped with a power winch, winch line, and boom, with a factory -rated lifting capacity of not less than eight thousand (8,000) pounds, single -line capacity. If a hydraulic wheel lift is installed, it must have a factory-rated capacity of not less than four thousand (4,000) pounds. If the H:1LEG- DIR\AlisonL\AlisonL H1Alison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 2011.doc -328- 8 unit does not have an established factory-rated lifting capacity, then such capacity shall be determined by a testing procedure approved by the chief of police. (c) Category B. A category B auto wrecker shall meet the following requirements: (1) Be over twenty -six thousand (26,000) pounds gross vehicle weight in capacity, as reflected on the manufacture's certificate. If the unit does not have a manufacture's certificate, then the gross weight shall be determined by a testing procedure approved by the chief of police. (2) Be equipped with a power operated winch, winch line, and boom with a factory-rated lifting capacity of not less than thirty -five thousand (35,000) pounds, single or double line capacity. If the unit does not have a factory-rated capacity, then said capacity shall be determined by a testing procedure approved by the chief of police. (d) Each auto wrecker and the equipment thereon shall be in good mechanical condition and shall comply with all applicable city ordinances and state laws. Each auto wrecker shall have brakes that meet braking performance requirements under all loading conditions. (e) Each auto wrecker at all times shall carry the following as standard equipment in good working order, except as otherwise noted: (1) A tow sling or hydraulic lift which is sufficient to prevent the swinging of any equipment being transported. (2) Steel safety chains of a three- eights -inch link for category A auto wreckers and of one-half - inch link for category B auto wreckers. (3) One (1) ten-pound BC (or two (2) five -pound BC) fire extinguisher that is properly filled and located so that it is readily accessible for use. (4) One (1) crowbar or wrecking bar of not less than thirty -six (36) inches in length with a wedge head. (5) One (1) broom of a type designed for pushing with an eighteen (18) inch head and a handle of not less than thirty -six (36) inches. (6) One (1) flat -edged shovel of at least nine (9) inches with a handle of not less than thirty-six (36) inches. (7) Three (3) portable red emergency reflectors. (8) Towing dollies in working condition, category A rollback wreckers and category B wreckers are exempted. (9) A box or bucket to carry glass and debris cleaned from streets when picking up a wrecked vehicle. (10) Rope or wire suitable for securing doors, hoods, trunks, etc. (1 1) A spotlight or flashlight. (12) Outside rearview mirrors on both sides of the truck. (13) One (1) set of operating tow lights (for towed vehicle). (14) Wheel chocks: minimum two (2) each. H:1LEG- DIR\AlisonL \AlisonL H1Alison's Ordinances ISecond a ing as Amended Auto Wrecker Ordinance 2011.doc (15) A reflective, brightly colored safety vest. shirt, or jacket which must be worn by the auto wrecker operator and employee requires at all times while working outside the auto wrecker: the reflective vest, shirt or iacket must meet the ANSI/ISEA requirements for high visibility safety apparel. (16) Auto wrecker operator and employee shall wear gloves, long_pants. hard toe or steel toe shoes. and shirts long enough to remain inside the trouser belt line and keep the operator or employee's skin covered. All operators and employees shall maintain a neat appearance while on duty. (f) Each auto wrecker must be labeled in accordance with Chapter 86 of the Texas Department of Licensing and Regulation Administrative Rules. eleatly-legiblaT. (g) Each auto wrecker shall be equipped with a radio receiver set or portable telephone capable of clearly receiving transmissions by the owner's dispatcher. (h) All auto wreckers shall have flashing or rotating overhead warning lights that are in good working order, with lenses free of oxidation, that rotate; that and are clearly visible during daylight hours, and that in compliancey with the applicable provisions of the Texas Transportation Code. (i) If an auto wrecker is transporting a vehicle which does not have functioning lights, the auto wrecker driver must supply the towed vehicle with functioning lights. These lights must provide safe lighting of the towed vehicle. These lights, including turn signals, brake, and clearance lights, must be actuated by the auto wrecker. (j) The owner of and driver of each auto wrecker shall comply with all regulations governing auto wreckers contained in this article or any applicable laws of the City of Corpus Christi or the State of Texas. (k) All auto wreckers including rollback wreckers must have the capability to, and actually put, the impounded vehicle on the ground for the vehicle impound control officer's inspection at the city's impound lot and inventory prior to the impound control officer accepting the vehicle. The impound control officer shall not be required to climb onto any auto wrecker to inspect or inventory an impounded vehicle. After inspection, the owner or auto wrecker driver will put the vehicle into the parking spot assigned by the impound control officer. (1) All auto wreckers must keep a current certificate of registration for tow truck service issued by the Texas Department of Licensing and Regulation. vehicle tag, motor vehicle inspection sticker, tow truck license displayed, and liability insurance certificate in the cab at all times. Said certificate of registration and insurance or a true and correct copy thereof must be provided by owner or any tow truck operator to the chief of police at any time upon request. The chief of police or his designee may inspect tow trucks at any time. Sec. 57 -225. Notice of disa$pr-wal denial of application or renewal; . The chief of police or the - police - chiefs his designee shall give owner written notice of fame -the denial of any application or renewal; and the owner has the right to appeal the chief of police's decision in accordance to Section 57 -233. = - -.. = . = . = .. = Sec. 57 -226. Permit issuance: fees. {a}- The chief of police shall issue an auto wrecker permit or auto wrecker rotation list permit to eaeh an 1-1:1LEG -DI MAlisonL\AlisonL H\Alison's Ordinanccs\Second Reading as Amended Auto Wrecker Ordinance 2011.doc —330— 10 owner whose application complies with all requirements of this article upon owner's payment of_ (a) an auto wrecker operation fee_ e€one hundred twenty -sic dollars ($126.00) for each auto wrecker; ,and &Lan auto wrecker rotation list permit fee: three hundred fifteen dollars ($315.00) permit-fee: (c) reran auto wrecker permit fee: shall -be one hundred dollars ($100.00), (b)- -f dl The one hundred dollars ($100.00) application fee shall be applied to the auto wrecker permit fee above. if the permit is approved. (e) The one hundred dollars ($100) application fee shall be forfeited if an original or renewal application is denied. Sec. 57 -228. Permit term. (a) Each auto wrecker and rotation list permit shall be issued for one (1) year from January 1 to December 31. (b) If any auto wrecker or rotation list permit is issued for less than one (1) year the three hundred fifteen dollar ($315.00) permit fee and one hundred twenty-six dollar ($126.00) operation fee per auto wrecker shall be prorated based on the number of months remaining until December 31. (c) Renewal fees will be paid in the same manner as set out above. (d) There will be no refund ofpermit fees or operation fees. Sec. 57 -229. Permits numbered; identification on vehicle; drop fee sign. (a) Rash An auto wrecker and rotation list permit issued by the chief of police shall be numbered consecutively and each permit holder shall affix the permit number in clearly legible numerals to all doors of eaeh the auto wrecker covered by said the permit. All identifications and permit numbers shall be permanently affixed in letters no less than two (2) inches high. (b) The chief of police shall issue annual permit decals for each permitted wrecker. The decals shall be affixed to the drive..`. sid ndow windshield of eaeh the permitted wrecker. Sec. 57 -230. Substitution of vehicle; fees. An owner may substitute an unpermitted auto wrecker for one which has been permitted upon providing written notice of intent to substitute. The notice shall contain all information required by section 57 -223, and the H :I LEG- DIR\AiisonL\AlisonL H\Alison's Ordinances\ Second Reading as Amended Auto Wrecker Ordinance 2011.doc -331- 11 owner shall pay a twenty dollar ($20.00) inspection fee for each substitute auto wrecker. If the substitute auto wrecker complies with the requirements of section 57 -223, owner's permit shall be amended to add the substitute auto wrecker and delete the previous auto wrecker ewaer- designates. Sec. 57 -231. Adding vehicles; fees. Owner may add one (1) or more additional auto wreckers to the permit by filing a supplemental application containing all information required by section 57 -223. If the additional auto wrecker complies with the requirements of sections 57 -223 and 57 -224, owner's permit shall be amended to add the additional auto wrecker(s). The fee for adding auto wreckers to a permit shall be one hundred twenty -six dollars ($126.00) prorated based on the number of months remaining until December 31, provided, the minimum fee for adding an additional auto wrecker shall be fifty dollars ($50.00). Sec. 57 -232. Insurance. (a) An eOwner shall section maintain liability insurance for each auto wrecker to meet the requirements of Chapter 2308 of the Occupations Code and any other federal and state laws. In addition, owner shall maintain workers' compensation or occupational safety insurance for their employees in the amounts and types required by law. All such olicies exce t workers' com ensation or occu ational safe insurance shall be • to any other insurance. At the time of initial registration, and upon renewal, a certificate of insurance must be filed with the chief of police. The certificate must certify the type and amount of insurance coverage. and Owner shall provide immediate notice to the chief of police prior to any cancellation or material changes in the policy. (b) Unless state law permits an auto wrecker to be self - insured, any insurance required for an auto wrecker must be obtained from an insurer authorized to do business in this state pursuant to the Texas Insurance Code. Insurance coveringoermitted auto wrecker must be kept in full force and effect at all times. The certificate of insurance must contain a provision obligating the insurer to give the chief of police thirty (30) days notice in accordance with the policy provisions before the effective date of a policy cancellation date. (0) named or listed on owner's liability insurance policy. tents-o€-all in . All auto wrecker drivers shall be (d) A permit issued under this article shall automatically be suspended upon the cancellation or expiration of the insurance policy and will not be reinstated until owner or wrecker company provides satisfactory proof of insurance certificate to the chief of police verifying that all required coverages are met.sf (e) The policies shall contain a clause naming the city as an additional insured. The chief of police shall have authority to increase the above insurance requirements upon thirty (30) days' written notice to all owners or wrecker companies. (f) An original copy of the renewal certificate of insurance shall be provided to the chief of police at least fifteen (15) days before the ending date of any insurance in effect for each owner. Failure to comply will result in the owner wrecker company being deleted automatically from the rotation list until the next monthly rotation list is published following the receipt of said renewal certificate. (g) Owner shall keep evidence of insurance in a form approved by the chief of police in the cab of each permitted auto wrecker. (h) Owner shall fully indemnify and hold the city harmless from all claims, actions, and lawsuits for personal inlur�or property damage arising in connection with sery ices provided by wrecker commix H:1LEG- DIRIAlisonL \AlisonL I-11Alison's Ordinances \Second31 a ling as Amended Auto Wrecker Ordinance 2011.doc Owner and wrecker company are solely responsible for all vehicles towed by auto wrecker and for all properties inside vehicles. Sec. 57 -233. Denial ;Ssuspension, probation and revocation of permit= - Procedure, appeal. a The chief of olice ma den an a • • lication sus • end or revoke a • ermit if the a 12 licant owner or wrecker company has: ,(1) a criminal conviction, or has pleaded guilty or nolo contendere to an offense, before the date of the a!•licatio for a felon or a misdemeanor •unishable b confinement in 'aiI orb a fine in an amount that exceeds $500.00; (2) violated any provisions of Chapter 2308 of the Texas Occupations Code, rules or regulations promulgated by the Texas Department of Licensin and Regulation, any provisions of the city ordinance, or rules or regulations promulgated by the chief of police including an order for sanctions or administrative penalties; (3) knowingly submitted false or incomplete information on the application, or the applicant failed in any material way to comply with this article; or (4) the applicant or owner has had a permit revoked under this chapter. (b) Notwithstanding any penal provisions contained in this Code, the chief of police shall be authorized to deny, revoke, suspend, or place on probation any auto wrecker or rotation list permit for a violation of the state law, city ordinance or any other rules or regulations governing the operation of an auto wrecker, if committed by an auto wrecker owner, his agents or employees. Such denial. suspensions or revocations or probation shall be made in accordance with the following procedures: (1) Upon complaint by any person or the chief of police own motion against any owners agent or employee of a wrecker company for violatingen of any provision of any the city ordinance, the chief of police and Texas Department of Licensing and Regulation rules or regulations governing auto wrecker permits, or any state law, the chief of police or his designee, after giving five (5) days' notice of the grounds of such complaint to the wrecker company , shall hold a hearing After • ro his designee may proceed with the hearing by taking testimony or evidence from any person or witnesses who were present. For a good cause and at the chief of police or his designee's sole discretion. a hearing may be rescheduled one time at the owner's request provided that the chief of police or his designee receive the written reschedule request at least two (2) working da ys before said hearing. At the conclusion of said hearing, the chief of police or his designee may issue: er notice was ivin and the owner fails to a • ear for the hearin the chief of • olice or a. a warning to the owner;; b. deny the permit; er-may permanently revoke or suspend the permit or may &put the permit on probation. Previous warnings, probations or suspensions within the preceding two (2) years may be considered by the chief of police or his designee in malting the decision. (2) If the chief of police or his designee suspends the permit, said the suspension shall not be fof a- period -o€ not more than sixty (60) days. If the chief of police places a permit on probation, the H:1LEG- DIR\AlisonL\AlisonL H\Alison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 2011.doc -333- 13 peried- efprobation shall not be for not more than six (6) months:, —ate -The chiefs action shall be final. (3) If the chief of police or his designee revokes a permit permanently, or-suspends, place a permit on probation, or deny a permit, he shall notify the owner in writing . The notice shall be deemed sufficient if pasted deposited in the United States mail addressed to the owner's business address as contained in the original or renewal application for a permit erhe or and by electronic mail or facsimile. The owner shall have the right to appeal the chief of police's decision to revoke a permit or deny a permit application, within ten (10) days from the date of the notice of revocation or denial. by sending a letter addressed to the city manager stating that an appeal from the-mlieg-o€the chief of police's decision is desired. If an appeal is perfected, as herein provided, the ruling of the chief of police's decision shall be suspendeding pending a hearing by the city manager or his designee. The city manager or his designee shall promptly, attd- within thirty (30) days, hear such appeal and shall either sustain, modify, or revoke thego€ the chief of police's decision. If no appeal is taken #hag or if it is untimely filed, or if the city manager or his designee does not hear the appeal within thirty (30) days from receiving the notice of appeal, the ruling of the chief of police's decision shall be final and the permit is denied . revoked or suspended. When a permit revocation is upheld, the owner shall remove wi thin five (5) working days, the city permit number from the sides of all wreckers previously permitted and the annual permit decal from the windshields. Sec. 57 -234. Same -- Waiting period after revocation. No person, firm, partnership or corporation whose auto wrecker or rotation list permit has been revoked shall be eligible to apply for a new permit for a period of at least one (1) year from the date of revocation. Sec. 57 -235. Promulgation of regulations. The chief of police is authorized to issue rules and regulations relating to an-ownerls the operation of pied auto wreckers consistent with the provisions of this article and designed to effectuate the general purpose of this article. Violation of any provisions of the chief of police rules and regulations may result in suspension or revocation of the auto wrecker permit and/or denial or removal from rotation list. The appeal process described in Sec. 57 -233 will apply to alleged violations of any such provisions. Sec. 57 -236. Maintenance of place of business and equipment. No owner may operate a permitted auto wrecker business and storage facility, unless he maintains his place of business, his storage facility, and all of his equipment in a manner that continuously complies with the provision of this article and the zoning, fire prevention, and other city ordinances-ef-the-4ity. Sec. 57 -237. One company per business location. Only one (1) permitted auto wrecker business and storage facility may operate by at any one (1) business address and/or location, regardless of whether the same person, partnership, or corporation owns more than one (1) permitted auto wrecker business. If two (2) or more auto wrecker businesses were in operation at the same business address and/or location prior to March 8, 1988 they are exempted from this section. However, any owner whose auto wrecker or rotation list permit is suspended or revoked by the chief of police, or who voluntarily removes himself from the wrecker rotation list, or who fails to renew his permit shall lose the exemption and may not resume auto wrecker operations at the same business address and/or location as another permitted auto wrecker business. Each owner may only operate auto wreckers which are permitted to him in response to any call for service from the police department. Sec. 57 -238. Twenty- four -hour service. H:ILEG- DIR\AIisonL\AlisonL MAlison's Ordinances\Second Reading as Amended. Auto Wrecker Ordinance 201 !aloe -334- 14 £a614 eOwner and wrecker company who holding a rotation list permit shall maintain sufficient personnel and auto wreckers to provide twenty-four -hour a day auto wrecker service . Each owner and wrecker company shall have at least one (1) telephone number which is answered twenty-four-hours a day; seven-(-7)--days-a-veek Sec. 57 -239. Vehicle storage facility; attendant at business address and storage area. An auto wrecker rotation list permit shall be issued only to an owner who has a properly zoned vehicle storage facility at its business address which meets the following requirements: (a) The storage area shall be completely enclosed with a wire or wooden fence at least six (6) feet in height or as required by the zoning ordinance, whichever requirements are greater, including a gate which is locked at alI times when the owner of an agent or employee is not at the storage area. The fence shall be continuously maintained in good condition. (b) The storage area shall have an all- weather surface such as concrete, asphalt, black -top, stone, macadam, limestone, iron ore, gravel, caliche, or shell that = nables the safe and effective movement of stored vehicles upon all _portions of the Iot, both under their own power and under tow at all times. regardless of prevailing weather conditions. The surface shall also be free of overgrown vegetation. (c) The storage area shall have a sign at the entrance which is clearly readable from the street setting out the name of the auto wrecker business, the street address, correct telephone number, and the hours vehicles will be released to vehicle owners. (d) The storage area shall have a sign setting out the per diem charge for storage and all other fees which may be charged by the owner. This sign shall be clearly visible to a vehicle owner prior to the payment of any fees. (e) Owner shall maintain adequate illumination levels throughout the vehicle storage facility which shall not be less than 250-watt element for each 1/4 acre of storage area. (f) Owner, his employee, or agent shall be at the auto wrecker business address and shall have access to the vehicle storage facility, and all vehicles stored there, during normal business hours. A person who works at the vehicle storage facility must be licensed by the Texas Department of Licensing and Regulation and must produce the license upon request of the chief of police. The vehicle storage facility attendant must have the authority to release vehicles. (g) Owner shall have a publicly listed phone which is answered at the business address twenty four (24) during normal business hours using the name permitted to owner. Use of an answering service which places the police dispatcher on hold, er an answering machine or voice mail; is prohibited. (h) The police dispatcher shall not be placed on hold to answer other incoming calls. Placing the police dispatcher on hold prior to obtaining all pertinent information may subject an the owner to being moved to the bottom of the rotation list at the chief of police chief discretion. (i) : _ _ • _ :,- _ ' that-eOwner must provide at least five (5) days written notice to the chief of police ebie€ at-4east-f4ve-(--5.)-days-after before the business address or phone number is changed. Sec. 57 -240. Inspection of vehicle storage facility. H:1LEG- DIR'AlisonL \AlisonL H1Alison`s Ordinances\Second Reading as Amended Auto Wrecker Ordinance 2011.doc -335- 15 Prior to the issuance of an auto wrecker rotation list permit, the chief of police or his designee shall inspect the vehicle storage area to determine that it meets the provisions of section 57 -239 and that it is reasonably secured to protect stored vehicles against theft and vandalism. The inspector shall also check with the department of planning to ascertain whether the storage area is located in a zoning district which allows auto wrecker businesses and vehicle storage facilities., Any auto wrecker company which holds a permit issued under this chapter shall permit inspection of its vehicle storage facility at any time deemed necessary by the chief of police. Failure to inspection within eight (8) hours of a request by the chief of police or his designee shall be deemed grounds for revocation of permit. Sec. 57 -241. Prerequisite to towing impounded or disabled vehicles. (a) No auto wrecker shall winch, right, or tow any vehicle which exceeds the auto wrecker's weight limitations, except in case of an emergency as determined by a certified peace officer at the scene. (b) Rotation list or incident management tow. Impounded vehicles towed by police - initiation off the rotation list shall be taken to the city impound lot. Disabled vehicles shall be taken to the wrecker's vehicle storage facility. The auto wrecker dispatched for a rotation list or incident management tow shall be the next scheduled rotation wrecker, unless the owner or driver of the vehicle to be towed requests the on -scene police officer to send another permitted auto wrecker prior to the time the next scheduled rotation wrecker is dispatched to the scene. (c) Consent tow. The auto wrecker dispatched for a consent tow shall be the next scheduled rotation wrecker unless the vehicle owner or driver: (1) Personally calls an auto wrecker of his/her preference; or (2) wrecker belonging to the owner may be called by the owner for a consent tow. A not - for -hire (d) No vehicle shall be towed by an auto wrecker which does not display a Texas tow truck plate, a Texas license plate, and a City of Corpus Christi wrecker permit - decal. (e) In a situation where safety or time dictates otherwise, the peace officer on the scene may direct actions inconsistent with these requirements. Sec. 57 -242. Transfer of disabled vehicles by wrecker not under permit. No disabled vehicle shall be moved by any auto wrecker not severed permitted unless the owner or driver of said disabled vehicle personally calls an auto wrecker of his own preference prior to the time that the next scheduled rotation wrecker has been dispatched to the scene. Sec. 57 -243. Dispatching in rotation. (a) The chief of police chief shall establish an equitable rotation list system comprise of the ems all auto wrecker companies holding auto wrecker rotation list permits, where each owner wrecker company is dispatched in rotation to a police- initiated or incident management tow. No police officer or dispatcher shall cause any auto wrecker to go to the scene of a disabled or impounded vehicle other than the next scheduled rotation wrecker unless: (1) The closest wrecker is sent because: a. An extreme emergency situation exists where a human life is at stake; or H:ILEG- DIR\AlisonL\AlisonL H\Alison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 2011.doc -336- 16 b. An accident has blocked a traffic lane on the Harbor Bridge, Nueces Bay Causeway, JEK Bridge or causeway, Interstate Highway 37, State Highway 77, State Highway 286, State Highway 358, State Highway 441358 interchange, or the respective highway access road intersections where traffic congestion is causing traffic to backup on those highways; or (2) The owner or driver of a disabled or impounded vehicle wants to use another auto wrecker than the next scheduled rotation wrecker and requests that company prior to the next scheduled rotation wrecker being dispatched to the scene. (b) If the owner or driver of a disabled vehicle wants to use an auto wrecker company not on the rotation list, the owner or driver must contact that company directly but not through the police officer or dispatcher. (c) No police officer shall suggest or recommend that the owner or driver of a disabled vehicle call any auto wrecker company other than the next scheduled rotation wrecker. (d) However, in a situation where safety or time indicates otherwise, the peace officer on the scene may direct actions inconsistent with these requirements. Sec. 57 -244. Soliciting wrecker business on city streets prohibited; presence at scene of collision as prima facie evidence of violation. #14s- sestiemr(a) A person commits an offense if: (1) the person arrives at the scene of a traffic accident or an incident to perform a nonconsent or incident management tow of a motor vehicle without first being contacted by the police department or vehicle owner; (2) the person directly or indirectly solicits. on streets located in the city. towing services. including towing, removing repairing, wrecking, storing, trading. selling, or purchasing related to a vehicle that has been damaged in an accident to the extent that it cannot be normally and safely driven; or (3) the person enters the scene of a traffic accident. an incident. or other area under the control of a peace officer without the permission of the peace officer. (b) The presence of any auto wrecker that was not dispatched by the police department or requested by_the vehicle owner at or near the scene of an accident in the city after the accident or prior to the removal of all disabled vehicles shall be prima facie evidence of solicitation in violation of this section. Sec. 57 -245. Responding to calls. (a) Each owner or wrecker company on the rotation list shall have sufficient personnel. equipment, and auto wreckers to respond to all tow assignments given by the police dispatcher. On-the -scene rResponse time shall-be-preffiit--and shall not exceed thirty (30) minutes after the police dispatcher's notification of the assignment. (b) The owner, his agent or employee shall not refuse an assignment except for safety reasons or if all owner's auto wreckers are already performing other police tow work. If the owner, his agent or employee H:1LEG- DIR\AlisonL\AlisonL H\Alison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 2011.doc -337- 17 refuses an assignment, he must notify the police dispatcher of the reason. Documentation may be required if the reason is auto wrecker equipment failure or prior tow work. (c) If an owner or wrecker company fails to respond or refuses an assignment, the police chief may revoke or suspend or plaee en-probation-an the wrecker company or owner's auto wrecker rotation list permit. (d) A revocation or suspension may be appealed in the manner set out in section 57 -233. Sec. 57 -246. Removal of wreckage and debris, etc., at the scene of an accident. The owner shall completely remove from an accident scene all resulting wreckage and debris, including all broken glass and metal fragments, before leaving the scene. This debris shall be properly disposed of, and shall be removed to the extent that the debris will not enter the gutters, storm sewers, streams, and public rights -of -way. Property not belonging to the auto wrecker company shall be collected and removed from the scene but shall not be disposed of without the property owner's prior consent. Sec. 57 -247. Notice of location of storage facility. (a) If the vehicle owner or driver of a disabled vehicle is at the scene and capable of receiving information, owner wrecker company shall notify the vehicle owner or driver of the disabled vehicle;-and bar givinae him or her a fee schedule and a card which notifies him or her that the disabled vehicle will be towed to owner's vehicle storage facility unless the vehicle's owner or operator requests that the vehicle be towed elsewhere. (b) The card shall contain the business's name, address, phone number, hours during which the vehicle can be reclaimed, and a statement that there will be charges for all services provided. (c) Failure to provide the card and fee schedule may result in revocation or suspension or probation of owner's auto wrecker or rotation list permit, which may be appealed as set out in section 57 -233. Sec. 57 -248. Auto wrecker drivers. (a) An auto wrecker driver must hold a driver's Iicense and at least eighteen (18) years of age. and must be trained. in accordance to the Texas Department of Licensing and Regulation in the use and operation of any specialized equipment to be used manner -of in towing disabled and impounded vehicles for the police department. (b) An auto wrecker driver must be familiar with the city road system in order toffs- able -to -respond promptly respond to the scene and any request for service. (c) The chief of police may request documentation of training or demonstration of a potential driver's ability to tow a disabled or impounded vehicle and/or test his/her knowledge of the city roadway system prior to approving a driver. Driver is required to complete continuing education courses approved by the Texas Department of Licensing and Regulation. (d) Only approved auto wreckers drivers may perform towing operations and operate permitted auto wreckers. An invoice with an unapproved auto wrecker driver police -will not be paid by the police department. (e) For rotation wrecker list. Owner and wrecker company shall require drug and alcohol tests of drivers who will be new to the rotation wrecker list and must submit drug and alcohol test results to supply the chief of police (test results must be from a test taken within 90 days from the date of expected employment) and the following information at least goes five 0.5) working days before the expected employment of an auto wrecker driver: H:1LEG- DIR1AIisonLAAlisonL H \Aiison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 201 I.doc -338- 18 ill driver's full name, including any aliases; al date of birth; L) social security number; al copy of current Texas and all other states driver's licenses issued to the driver within five (5) years prior to the submission of the application; (5) current address and each address where driver has resided in the ten (10) years prior to the application: i) whether driver has been arrested for any criminal offense in this state or any other state or country. the date of the arrest or confinement, and the place, court and case number (7) evidence that the applicant has passed a drug screening test administered within fifteen (15) days preceding the date of the application; (8) driver must submit himself or herself at such times and places designated by the police chief or his designee to be photographed and fingerprinted; 9 com • lete an forms re • uired b the chief of . olice or his des' ' ee to obtain or . erform criminal history or background check: and (10) such other information as the chief of police or his designee finds relevant. The chief of police shall conduct a criminal history or background check on all auto wrecker drivers and send a written approvale or denialy, within ten (10) working days, to the owner or wrecker company indicating whether the driver is eligible to operate an auto wrecker the - divers ' «' denial. The chief of police shall investigate or cause to be investigated the character, experience, and qualifications of the driver's in order to determine the driver's fitness to operate an auto wrecker consistent with the public safety and welfare. and shall consider whether approving the driver would constitute an unreasonable risk to the public safety and welfare. The chief of police shall consider whether the driver has been guilty of a criminal act directly related to the occupation of auto wrecker. In determining whether the criminal act directly relates to said occupation. the chief of police shall consider: a. The nature and seriousness of the crime; b. The relationship of the crime to the operating an auto wrecker, for example, the following are deemed to have such a relationship because of the danger to the public and their property and potential for criminal activities enhanced by the large number of public contacts: i. Theft and other crimes of dishonesty, ii. Assaultive and harassment crimes, iii. Solicitation ofprostitution, iv. Sexual abuse crimes. v. Crimes of alcohol or drug abuse, or vi. Traffic offenses; H:ILEG- DIRIAIisanL\AlisonL H1Alison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 2011.doc -339- 19 c. The extent to which the approval might offer an opportunity to engage in further criminal activity of the same type; d. The extent and nature of the past criminal activity; e. The age of the driver when the crime was committed; f. The amount of time elapsed since the driver's last criminal activity; g. The conduct and work activity of the person prior to and following the criminal activity; h. Evidence of rehabilitation efforts; i. Other evidence of personal fitness submitted by the driver such as recommendations from prosecution. law enforcement, correctional officers. (f) Owner or wrecker company shall supply submit the above required driver's information on all approved drivers to the chief of police chief semiannually on June 1 and December 1. Owner shall notify the chief of police chief within five (5) working days after termination of any driver. (g) For rotation list wrecker companies, no auto wrecker may be operated by any driver who has received three (3) moving violation or traffic citations within the preceding twelve -month period, unless all three (3) eitatiens violations arose out of one (1) aeoident incident. Unless directed otherwise by a police officer, auto wrecker driver shall adhere to all traffic regulations. (h) For rotation list wrecker companies, owner shall require each driver to submit to an alcohol and drug testing in accordance to Chapter 2308 of the Occupations Code and Chapter 86 of the Texas Department of Licensing and Regulation Administrative Rules and shall submit the results to the chief of police within five (5) working days. Drivers are required to sign a consent form authorizing the test and permitting release of test results to the Corpus Christi Police Department. The failure or refusal by a driver or applicant to cooperate fully by signing necessary consent forms or other required documents or the failure or refusal to submit to any test or any procedure under this chapter in a timely manner will be grounds for denial. revocation or suspension of permit. The submission by a driver or applicant of a urine sample that is not his/her own or is a diluted specimen shall be grounds for denial, revocation or suspension of permit. (i) For rotation list wrecker companies, owner shall inform the chief of police in writing of any towing operator convicted (including pleas of guilty and nolo contendere) of any offenses listed in this section within five (5) working days of the conviction. (j) For rotation list wrecker companies. owner shall notify the chief of police, within fifteen (15) days, in writing of any changes to driver's hoarse address. Sec. 57 -249. Reassembly of parts. Whenever it is necessary to disassemble parts to a vehicle in order to tow said vehicle, the owner or wrecker company shall reassemble such parts upon reaching his storage facility if requested by the vehicle owner or if the vehicle is to be reclaimed by the vehicle owner. Sec. 57 -250. Storing wreckers on public streets or rights-of-way prohibited. No owner shall store any disabled vehicle or auto wrecker on the public streets or rights -of -way. Sec. 57 -251. Dispatching of category A and category B wreckers. H:ILEG- DIR1A.lisonL\AlisonL H\Alison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 2011.doc -340- 20 When the police dispatcher assigns a rotation wrecker to the scene of a disabled or impounded vehicle, the assignment will include how many and what category of auto wrecker shall be sent to the scene. The owner, his agent or employee will advise the police dispatcher how many of its permitted auto wreckers are available at the time of the call. Owner shall not refer an assignment to another auto wrecker company, even if the owner owns the other company. Any such referral may result in revocation or suspension of owner's auto wrecker permit, which may be appealed as set out in section 57 -233, at the chief of police shies discretion. If an auto wrecker is not at owner's business location, or if an auto wrecker has been assigned to the scene of a disabled or impounded vehicle and not already on its way back to owner's business address at the time of the police dispatcher's call, an auto wrecker is not available for being assigned a new scene. Neither owner nor his agents or employees shall drive a disabled or impounded vehicle which they have been assigned to tow. Sec. 57 -252. Officer at the scene. A police officer shall stay at the scene of an accident until the scene is completely cleared whenever practical. Sec. 57 -253. Emergency dispatches. No auto wrecker shall be dispatched on an emergency run without a police escort. Sec. 57 -254. Maximum auto wrecker service and storage fees. The following towing fees shall be paid by the person reclaiming the towed vehicle: (a) Police - initiated nonconsent rotation list or incident management tow fees will be paid to the city at the city vehicle impound lot. (b) All other fees will be paid to the auto wrecker company according to that company's policy. (c) If a vehicle owner or operator pays a drop fee and the police officer at the scene authorizes requests the release of a vehicle after an auto wrecker has arrived at the scene and started physically attaching the vehicle to the auto wrecker; and but before the vehicle has been towed from the location, then the auto wrecker owner or driver shall release the vehicI (d) Maximum towing, storage and administrative fees. I. All permitted wreckers other than rotation list category B wreckers: a. Normal rotation list non- consent tow (includes double hook up and towing of truck a n d trailer as one unit) ... $ 39:00- 110.00 b. Private property impound ... 85.00 c. Drop fee ... 50.00 d. Tire change rather than use dollies: i. One tire ... 15.00 H:ILEGDIR\AlisonL \AiisonL H\Alison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 2011.doc -341- 21 ii. Two tires ... 20.00 Required use of dollies, go -jacks or skates ... 30.00 e. Additional labor such as winching for removal from a ditch or water, righting an overturned vehicle or for similar unusual circumstances (all inclusive) ... 30.00 f. Total maximum towing fee including the use of dollies and additional Iabor, but excluding additional time at the scene and unusual distance Rotation list tow ... 435.00 170.00 Private property impound tow ... 145.00 g. Additional fee for each half-hour or portion thereof at the scene in excess of one -half hour not caused by delay on the part of the permit holder, per 30 minutes ... 15.00 h. Unusual distance charge: i. Additional fee for a tow originating from the area within city limits west of Callicoate Road to US 77 ... 5.00 ii. Additional fee for a tow originating from US 77/1H 37 and from the area within city limits west of US 77/11137... 15.00 iii. Additional fee for a tow originating from the area within city limits east of the 3FK Causeway to Fish Pass ... 5.00 iv. Additional fee for a tow originating from the area within city limits north of Fish Pass to Port Aransas city limits ... 15.00 i. Cleanup only, no tow required ... 35.00 2. Category B auto wreckers: a. Nenfbal-RNonconsent tow (includes double hookup and towing of tractor and trailer as one unit, removal of shaft or axle, application of air to brake system, and/or caging brakes, to prepare for tow) ... 280.00.400700 325.00 b. Additional fee allowed in Sec. 57- 254(d)(2)(a) includes laber -suds rigging up, winching for removal from ditch or water, righting an overturned vehicle, clean up, or for similar unusual circumstances{,all- nslusive) per 4-5 30 -des -. . 20700 275.00 per hour c. Private property impound (include double hookup and towing of tractor and trailer as one unit, removal of shaft or axle, application of air to brake system, and additional labor such as cleanup, winching for removal from ditch or water, righting an overturned vehicle, pulling an axle or for similar unusual circumstances �... 50.00 400.00 H:1 LEG- DIR\AlisonL \AlisonL H1Alison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 2011.doc -342- 22 d. Working timo, Additional costs (specialized equipment such as crane, backhoe, fork lift) per-Ileac 200.00- actual cost (within industry standard) for leasing or renting equipment plus a maximum of 25% up charge. 3. Daily storage fees: Storage for all or part of the first 24 hours, and for each subsequent 24 -hour period or part thereof: a. Recovered stolen vehicles . 5.00 b. Vehicles not longer than 25 feet ... 44 00 20.00 c. Vehicles longer than 25 feet ... 30:00 35.00 4. Impoundment fee for any action that is taken by or at the direction of the owner or operator of the facility and is necessary to preserve, protect, or service a vehicle stored or parked at the facility ... 20.00 5. Notification fees for: Vehicle registration research, certified letters, newspaper advertisements and preparation necessary to inform the last registered owner and lien holder(s). Can be charged only if actually performed ... 50.00 (e) Multiple vehicles. 1. When a vehicle and trailer are both towed by one auto wrecker, only one (1) towing fee shall be paid to the owner. If the vehicle and trailer are too large or too heavily leaded to be safely towed by a single wrecker, another wrecker may be used and an additional fee charged. 2. When more than one (1) vehicle is transported by one (1) auto wrecker, e.g., motorcycles or parts of vehicles, only one (1) towing fee shall be paid to owner. (f) Invoices. 1. Each customer invoice shall include the owner's company name, business address and phone number, permit number, name of the auto wrecker who performed the specific assignment being invoiced, date and time of assignment, date and time assignment completed (i.e., delivery of the vehicle), hours when vehicles can be reclaimed, and an itemized statement of charges. A fee schedule listing the maximum towing, storage, etc. fees shall be attached to each-ooasent tow invoice. 2. The city shall provide each owner with the basic fee schedule copies to attach to the consent tow customer invoices. Failure to attach the fee schedule shall be grounds for revocation or suspension of owner's permit, unless the vehicle owner or agent consents to the omission. 3. Only service provided by an auto wrecker permitted under an auto wrecker or rotation list permit number shall be invoiced by the owner, his -agent or ompleyee to that permit; service provided under any other permit number other than the permit number under which it is billed is in violation of this ordinance and shall be grounds for revocation of the permit. 4. Sash Owner shall invoice the police department for nonconsent (impound) or incident management tows, which shall include an itemized statement of charges and an explanation of all charges above the normal towing only fee. H:1 LEG- DIR\AlisonL\AlisonL H1Alison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 201 1 .doc -343- 23 5. The chief of police will review each invoice and either approve, er- reject or modify charges for services rendered. (g) An auto wrecker company and owner shall charge no fees for servicing a police initiated nonconsent or incident management tow in excess of the fees authorized under city ordinance for vehicles towed. Further. the auto wrecker owner shall not obligate the vehicle owner in a nonconsent or incident management tow to pay any fees in excess of those authorized for a vehicle delivered to a state licensed vehicle storage facility without the consent of the vehicle owner. The chief of police may require the auto wrecker owner or wrecker company to reimburse the vehicle owner or operator for any overcharges or unauthorized charges. Any overcharges or unauthorized charges shall be reimbursed to vehicle owner within five (5) business days, and the chief of police may suspend the auto wrecker company permit if its fails to comply. Sec. 57 -255. Notification to permit holders of pending changes to permit regulations. Holders of permits under Article V of this chapter of the City Code shall be notified by the City of Corpus Christi of any pending changes in Article V. Sec. 57 -256. Cease and desist order. The chief of police may issue a cease and desist order as necessary to enforce this article if the chief of police determines the action is necessary to prevent a violation of this article and to protect public health and safety. Sec. 57 -257. Logs required to be kept for tow. Each wrecker ser-vise company on the rotation list shall keep a record of each vehicle towed for the rotation list, the make, model, color, license number of said vehicle, the name of the person requesting thepull, the location where the vehicle was picked up, and the location where deposited. This log of rotation tows will be open to the police department inspection at any time. It shall be unlawful for a wrecker company or owner to fail or refuse to produce this log to the police department for inspection. Sec. 57 -258. Towing fee study. (a) In this section. a "towing fee study" is a study to determine the fair market value of a non - consent tow originating in the City, considering financial information provided to the City by the wrecker company requesting the study. (b) A wrecker company may request that the City conduct a towing fee study by filing a written request with the city manager by certified mail, return recept requested, or by hand delivery. (c) Within 90 days after the filing of an initial request, additional wrecker companies may join the request by filing written requests in accordance with Subsection (b). (d) The City shall conduct a towing fee study if the initial reauestor and the additional requestors, if any: (I) accounted for not less than 50 percent of the non - consent tows performed in the City during the preceding twelve month period, as determined by the city manager; and (2) deposit with the city manager a fee of $5.000. (e) If the towing fee study is not conducted the City shall refund the fee, less an administrative fee of $500. (fi Each wrecker company requesting the towing fee study shall cooperate with the City to conduct the study and such wrecker company shall provide to the City information determined by the city manager to be reasonably necessary to determine the fair market value of towing services regulated under this article. H:ILEG- OIR\AlisonL\AlisonL H\Alison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 2011.doc —344— 24 f g) The City shall complete a towing fee study not later than the 180th day after receiving all information required under Subsection M. (h) The city manager shall present to the city council the results of the towing fee study. The city manager shall give each wrecker company that owns or leases auto wrecker registered with the City written notice of the time, date. and location of the city council meeting at which the study is to be considered. The notice must be sent by United States regular mail to the wrecker company's address listed in the latest registration application on file with the chief of police. (i) Based on the results of the towing fee study. the city council may change the non- consent towing fees. The maximum fees must represent the fair market value of the services of a wrecker company performing non - consent tows originating in the City. (j) The City is not required to conduct more than one towing fee study within a two -year time period measured from the date the city council most recently considered a towing fee study." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are repealed as of the effective date of this Ordinance. SECTION 5. This Ordinance takes effect March 1, 2011. H:1LEG- DIR\AlisonL\AIisonL H\Alison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 2011.doc - 3 4 5 - 25 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame Mark Scott Larry Elizondo, Sr. Kevin Kieschnick Linda Strong Priscilla G. Leal John E. Marez Nelda Martinez Chris N. Adler That the foregoing ordinance was read for the second time and passed finally on this the day of 2011, by the following vote: Joe Adame Mark Scott Larry Elizondo, Sr. Kevin Kieschnick Linda Strong Priscilla G. Leal John E. Marez Nelda Martinez Chris N. Adler PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chap Joe Adame City Secretary Mayor APPROVED AS TO FORM: February 10, 2011 son J. Logan Assistant City Attorney For City Attorney H:1 LEG- DIR\AlisonL \AlisonL H\Alison's Ordinances\Second Reading as Amended Auto Wrecker Ordinance 2011.doc -346- 16 AGENDA MEMORANDUM City Council Action Date: February 8, 2011 SUBJECT: Voluntary Paving Assessment Petition Projects (BOND ISSUE 2008) AGENDA ITEM: A resolution determining that certain Voluntary Paving Assessment Petitions for Buckhorn, Olson, Junior Terrace, Comanche, and Viola Streets are not qualified under the Voluntary Paving Assessment Program; removing said street names from the list of possible streets identified in connection with the authorization and issuance of the "City of Corpus Christi, Texas General Improvement Bonds, Series 2009" and, thereby, abandoning those street projects as permitted expenditures of bond proceeds; redirecting the resultant excess bond proceeds to other authorized street improvement projects (with priority given to other qualified voluntary pavement assessment program projects) as permitted expenditures of bond proceeds; and other matters relating to the foregoing (Bond 2008) ISSUE: The Bond Issue 2008 street project for Voluntary Paving Assessments listed six specific project locations. During the process of verifying property owners continued interest in these locations, it was determined that many of the current property owners did not want to participate in the program. Approval of this item will allow staff to eliminate those locations and begin the process to qualify additional street locations where applications have been received. FUNDING: No expenditure of funds is required at this time. RECOMMENDATION :, Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services 826 -3781 peteanacctexas.com Additional Support Material: Exhibit "A" Agenda Background Information Exhibit "B" List of Qualified Petitions to Date Exhibit "C" Results of Re- Qualification Process Exhibit "D" Assessment Maximum Rates Guide —349 - H:IHOMEILYNDASIGENIStreets2 OO8 Bond IssuelPaving Assessments\Redirect\Memo.doc AGENDA BACKGROUND INFORMATION SUBJECT: Voluntary Paving Assessment Petition Projects (BOND ISSUE 2008) RESOLUTION DESCRIPTION: The Bond Issue 2008 street project for Voluntary Paving Assessments listed six specific project locations on the ballot: 1. Buckhorn Drive — Calallen Drive to HI -37 2. Olson Drive — Carroll Lane to Benton Street 3. Junior Terrace — Everhart to Robert 4. Comanche Street — Sam Rankin to Mexico Street 5. Vaky Street — Swantner to Alameda 6. Viola Avenue — Ayers to Gollihar These streets represent the oldest qualified petitions the City has pending improvements. The majority of these locations date back to petitions qualified in the early -to -mid 2000's, while one dates back to November 1994. (See Exhibit "B ") In the best interest of the City, and the affected property owners, these locations are "re- qualified" to insure the current property owners want the improvements and are willing to pay for them. After voter - approval of this project, staff began the process to re- qualify the project locations and out of the original six locations, onlyVaky Street, has received enough property owner support to continue the assessment process. (See Exhibit "C ") Through this Resolution; staff is requesting permission to abandon the five locations which did not receive enough owner support to continue and move down the Qualified Petition List to re- validate additional project locations where applications have been received. This is necessary to complete the Bond 2008 Street Voluntary Paving Assessment project in the voter approved amount of $2,230,000. VOLUNTARY PAVING ASSESSMENT BACKGROUND: The voluntary paving assessment program allows residents to submit petitions to the City asking for improvements to their neighborhood streets to include new pavement, curb, gutter, sidewalks, and driveway approaches. The improvements are petitioned and approved by adjacent property owners who are assessed a portion of the cost at a rate allowed by City Ordinance. (See Exhibit "D ") The cost of driveway approaches are assessed completely based on the contractor's bid price for the work. There is no assessment for new utilities constructed as part of the street assessment project. Assessments are apportioned to abutting property in accordance with the Front Foot Rule and are limited to 90 percent of the paving cost for'/ of the street abutting the property, 100 percent of the cost of curb, gutters and driveways, and 80 percent of the cost of sidewalk construction, up to the maximum rates shown in Exhibit "D ". Payment for —350— H:IHOMEILYNDASIGEN1Streets12048 Bond IssuelPaving AssessmentslRedirectlBACKGROUNU .doc EXHIBIT "A" Page 1 of 4 improvements is due within 30 days of the project acceptance and filling of the Final Assessment Roll. Property owners may pay their assessment in full, or establish a five - year payment plan that includes a nominal interest rate that is set when the plan is established. VOLUNTARY PAVING PROGRAM ASSESSMENT PROCESS: There are very specific steps and guidelines governing the City's Voluntary Paving and Assessment Program. The City's authority to assess street reconstruction is contained in Article 1105b of the Texas Civil Statues, and is further defined in Section 49 -21 of the City Code of Ordinances. These following procedures are in full compliance with the requirements of both state and local statues: 1. Voluntary Paving Program Petition Process: When contacted about the program, the Engineering Department prepares a petition package including: • Voluntary Paving Assessment Information • List of Maximum Assessment Rates • Petition Request for Street improvements • Property Owners Listing and Signature Sheets • Plat Map and Site Photos This package is given to the resident(s) leading the petition drive. The petition becomes valid and qualified only when over 50% of the property owners sign the petition to participate in the improvements. A non - response by a property owner is considered to be a decline to participate. Once all forms are completed and signed, they are returned to the Engineering Services Department. If over 50% of the property owners agree to the improvements and assessments, the street is placed on the Qualified Assessment List and the location will now be considered as a possible candidate for a future Capital Improvement Bond Program. All petitions remain on file and upon voter approval of a project for Voluntary Paving, the locations are re- qualified before design of said improvements begins. 11. Bid Process: After formal approval of a Voluntary Paving project, re- qualified projects are combined into a design package and after design, go out to bid as a construction project as per standard City bid processes. III. Assessment Process: The preliminary assessment rates are determined by applying actual bid prices as per assessment ordinance guidelines and a Preliminary Assessment. Roll is prepared. Each individual property estimated assessment cost is determined and the following City Council action takes place: —351— H:IHOMEILYNDASIGENIStreets12008 Bond IssuelPaving Assessments \Redirect\BACKGROUND.doc EXHIBIT "A" Page 2 of 4 • Ordinance to Determine the Necessity for and Order the Street Improvements of the particular assessment location • Ordinance to approve the written statement of the Director of Engineering Services quantifying the various costs of the improvements • A Public Hearing is held to consider the preliminary assessment roll and any recommended changes to the roll • Ordinance closing the Public Hearing and adopting the Preliminary Assessment Roll; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and specifying assessment payment terms and lien enforcement measures. • The construction contract is awarded to the lowest - qualified bidder During the construction phase of the project, a City Construction Inspector will contact each individual property owner to coordinate the construction schedule and proposed driveway changes. At this time, the City will obtain the property owner's signature on the Mechanic's Liens and Promissory Note for the project and will arrange for monthly payments if desired by the homeowner. After the project has been completed and accepted by the City, a final Ordinance will be taken to City Council for approval of the Final Assessment Roll. This document supersedes the original assessment document correcting bid prices for actual final quantities used during construction. The Final Assessment Roll is subsequently filed at the Nueces County Courthouse. W. Collection Process: Once the Final Assessment Roll has been adopted by the City Council, the final roll and the Supporting Mechanic's Liens and Promissory Notes are forwarded to the Collection Section of the Joint Tax Office for billing. Each assessment is set up as an individual account and is billed on a monthly basis as per the terms of the agreement. BACKGROUND INFORMATION: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. This project listing included a street project for Voluntary Paving Assessments for six specific project locations in the amount of $2,230,000. -352- H:1HOME\LYNOAS \GEN1Streets12008 Bond IssuelPaving Assessments RedcrectlBACKGROUNO.doc EXHIBIT "A" Page 3 of 4 FUTURE COUNCIL ACTION: Approval of a preliminary assessment roll, public hearing, construction contract and final assessment roll is required to complete the project. —353— H:IHOME4LYNDASIGEN1Streets\2008 Bond Issue4Paving Assessments \RedirectlBACKGROUND.doo EXHIBIT "A" Page 4 of 4 Voluntary Paving Assessments Program Current List of Qualified Petitions January 25, 2011 1 2 3 4 5 6 STREET *Buckhorn Dr. -- Ca!alien Dr. to IH -37 DATE QUALIFIED PETITIONED BY November 9, 1994 Mrs. Liz Castro - 13233 Buckhorn *Olson Dr. — Carroll Ln. to Benton St. (Sidewalk Petition) *Junior Terrace — Everhart to Robert (Sidewalk Petition) *Comanche St. — Sam Rankin to Mexico St. (Sidewalk Petition) *Vaky St.-Swantner to Alameda Reid Dr — McClendon to Chamberlain *Viola Ave. — Ayers to Gollihar (Ayers to Florence) March 16, 2000 August 22, 2000 May 20 , 2003 January 5, 2004 February 5, 2004 Mrs. Katherine Miller, 3443 Olsen Dr. Mrs. Jean B. Yelton, 3502 Olsen Dr. Mr. Murch - 4214 Junior Terrace Mrs. Barboza - 1506 Comanche St. Mrs. Barbara Whiteside - 537 Vaky St. Mr. Jose Torres - 2422 Viola Ave. 7 Clare Dr. — McArdle Rd. to S.P.I.D. March 16, 2004 Ms. Yolanda Montoya —1326 Clare Dr. 8 E. Harrington Dr. — Leopard to Dead End March 26, 2004 Mrs. Norman - 2901 E. Harrington 9 Ivy Lane — Horne to Gollihar 10 Hall Ave. — Benys Rd. to Lantana St. 11 12 Morrow Dr. — Rand Morgan to UpRiver Rd. Mclver Street (SPID to Matlock) Commercial Zoned August 27, 2004 December 21, 2004 April 16, 2008 March 29, 2010 Mr. Bobby Harris - 4417 Ivy Lane Mrs. Grasham - 5865 Hall Ms. Hilda Vega - 2731 Morrow Dr. Mr. Brad Horner — PO Box 18577, Corpus Chisti, TX *The first 6 streets on the list were included in the Bond 2008 schedule for improvements under the Voluntary Pavement Assessment Program. The property owners on these 6 streets were contacted to re -affirm their approval to continue with the improvements to their designated streets. Only Vaky Street had enough property owner approval to re -qualify. EXHIBIT "B" Page 1 of 1 Bond 2008 Voluntary Paving Assessment Program Original Six Location Status Report - Street Original Qualified Petition Date # of Properties House Visits Results Certified Letters " Results Summary 1 Status 1 Buckhorn Drive (Calalien Dr. to IH 37) Sept -9-1994 20 Apr -7-10 AM May -17-10 PM 11 Signatures Obtained 7 -Yes / 4 -No 9 Letters Mailed Out on 6/8/10 due back 6/23/10 Yes -1 No - 3 No Response 5 8 Yes 7 No 5 NR 60% NO 40% YES Declined Not Requalified 2 Olson Dr. (Carroll Ln. to Benton St.) Mar -16-2000 32 Apr -14-10 AM May -18-10 PM 13 Signatures Obtained 2 -Yes /11 -No 19 Letters Mailed Out on 6/8/10 due back 6/23/10 Yes - 4 No - 2 No Response 13 6 Yes 13 No 13 NR 81% NO 19% YES Declined Not Requalified 3 Junior Terrace (Everhart to Robert) Aug -22-2000 20 Apr -21-10 AM Jun -17-10 PM 7 Signatures Obtained 4- Yes 13- No 13 Letters Mailed Out on 9/16/10 due back 10/1/10 Yes - 3 No - 5 No Response 5 7 Yes 8 No 5 NR 65% NO 35% YES Declined Not Requalified 1 0o CTI 01 41 Comanche St. (Sam Rankin to Mexico May -20-2003 24 Jun -14-10 AM Jun -21-10 PM 5 Signatures Obtained 5 - Yes / 0 - No 19 Letters Mailed Out on 10/4/10 due back 10/20/10 Yes - 4 No - 2 No Response 13 9 Yes 2 No 13 NR 62% NO 38% YES Declined Not Requalified 5 Vaky St. (Reid to Swantner) Jan -5-2004 32 N/A N/A 32 Regular & Certified Letters Mailed out on 10/26/10 due back 11/10/10 Yes -17 No - 2 No Response -9 Already Done- 4 17 Yes 2 No *9 NR 57% YES 43% NO Approved 6 Viola Ave. (Ayers to Gollihard/ Florence) Feb -5-2004 45 NIA N/A 45 Regular & Certified Letters Mailed out on 12/3/10 due back 12/20/10 Ret Yes -17 Ret No - 9 No Response -19 17 Yes 9 No 19 NR 62% NO 38% YES Declined Not Requalified * (4 Property owners on original petition already had improvements to their properties.) '' A No Response is calculated as a decline to participate. VOLUNTARY PAVING ASSESSMENT MAXIMUM RATES GUIDE The City's Assessment Ordinance No. 3994, Chapter 49, Subchapter No. 61, Article II. Street, Sidewalk, Curb & Gutter and Driveway Construction in compliance with State statutes, outlines the method by which street improvement assessment rates are computed. Based on construction bid prices by the low bidder and the City's assessment policy, the maximum rates, which may be assessed, are as follows: • A. Maximum Fronting Rate: Item Commercial Property Residential Property, Churches & Schools 1. Curb, Gutter & Pavement *$19.50 per linear foot $9.75 per linear foot 2.4 ft. Wide Sidewalk $ 1.00 per square foot $1.00 per square foot 3. Driveway 100% of bid price 100% of bid price 4. Header Curb 100% of bid price 100% of bid price B. Maximum Siding Rate: Item Commercial Property Residential Property, Churches & Schools 1. Curb, Gutter & Pavement *$19.50 per linear foot $4.88 per linear foot 2.4 ft. Wide Sidewalk $ 1.00 per square foot $0.50 per square foot 3. Driveway 100% of bid price 100% of bid price 4. Header Curb 100% of bid price 100% of bid price C. Maximum Backing Rate: Item Commercial Property Residential Property, Churches & Schools 1. Curb, Gutter & Pavement *$19.50 per linear foot $9.75 per linear foot 2.4 ft. Wide Sidewalk $ 1.00 per square foot $1.00 per square foot 3. Driveway 100% of bidprice 100% of bid price 4. Header Curb 100% of bid price 100% of bid price Note: * These are maximum construction prices for curb, gutter and pavement. If the computed price is less, the lower computed rates will apply. An example of the assessment for a typical 50ft wide residential property with a 10ft wide driveway is shown below. A. Front street example: Item Description Quantity Price Item Total Cost (Col. 2x Co1.31 1 2 3 4 Curb, Gutter & Pavement 50 If $9.75 1 If $487.50 Sidewalk 160 sf $1 .001 sf $160.00 Driveway 10ft wide 132.50 sf $4.20 1 sf $556.50 Total Assessment Cost $1,204,00 B. Side street example: Item Description Quantity Price Item Total Cost (Col. 2x Col. 3) 1 2 3 4 Curb, Gutter & Pavement 50 If $4.88 / If $244.00 Sidewalk 160 sf $0.50 / sf $80.00 Driveway 10ft wide 132.50 sf $4.20 / sf $556.50 Total Assessment Cost $880.50 The pavement assessment is not due until 30 days after the project is completed. The assessment may be paid in full or arrangements may be made to pay in 60 monthly payments or in the case of a hardship, 120 months. The payment methods contain an 8% per annum interest charge. The payment schedule of the typical residential property shown above would be 60 monthly payments of $24.44 per month or, 120 monthly payments at $14.56 per month. Page 1 of 1 -356- Exhibit "D» Panp 1 of 1 A RESOLUTION DETERMINING THAT CERTAIN VOLUNTARY PAVING ASSESSMENT PETITIONS FOR BUCKHORN, OLSON, JUNIOR TERRACE, COMANCHE, AND VIOLA STREETS ARE NOT QUALIFIED UNDER THE VOLUNTARY PAVING ASSESSMENT PROGRAM; REMOVING SAID STREET NAMES FROM THE LIST OF POSSIBLE STREETS IDENTIFIED IN CONNECTION WITH THE AUTHORIZATION AND ISSUANCE OF THE "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2009" AND, THEREBY, ABANDONING THOSE STREET PROJECTS AS PERMITTED EXPENDITURES OF BOND PROCEEDS; REDIRECTING THE RESULTANT EXCESS. BOND PROCEEDS TO OTHER AUTHORIZED STREET IMPROVEMENT PROJECTS (WITH PRIORITY GIVEN TO OTHER QUALIFIED VOLUNTARY PAVEMENT ASSESSMENT PROGRAM PROJECTS) AS PERMITTED EXPENDITURES OF BOND PROCEEDS; AND OTHER MATTERS RELATING TO THE FOREGOING WHEREAS, the City Council (the Council) of the City of Corpus Christi, Texas (the City) held an election on November 4, 2008 (the Election) for the purpose of determining whether the resident, qualified voters of the City would, pursuant to multiple propositions, authorize the issuance of limited ad valorem tax - supported bonds by the City for various public improvement projects; and WHEREAS, a majority of the resident, qualified voters of the City at the Election approved multiple propositions authorizing the issuance of limited ad valorem tax- supported bonds of the City, the proceeds from which would be utilized to finance various public improvement projects within the City, one such proposition being the issuance of $_ 104,610,000 of such bonds to finance City street improvements (the Street Authorization); and WHEREAS, in connection with the Street Authorization, the City Council represented to its resident, qualified voters that it would undertake specific projects within the City, including certain street projects (being improvements to Buckhom, Olson, Junior Terrace, Comanche, Vaky, and Viola Streets as part of the City's Voluntary Paving Assessment Program (the VPAP)), which streets were identified in the Street Authorization as a result of the City's prior receipt of respective petitions from a majority of the residents living on each street seeking participation in the VPAP; and WHEREAS, on May 27, 2009, the City issued its $88,725,000 GENERAL IMPROVEMENT BONDS, SERIES 2009 (the Bonds), in reliance upon various authorizations approved at the Election, including a portion of the Street Authorization in the amount of $54,035,000; and WHEREAS, the majority of the residents of Buckhom, Olson, Junior Terrace, Comanche, and Viola Streets have conveyed to the City that, because they are now unwilling to assume the financial obligation associated with VPAP participation, they no longer wish to be included in the VPAP, which represents a change in the facts from those originally relied upon by the City at the time it adopted the Street Authorization proposition (the Changed Condition); and 90335895.6 —357— WHEREAS, financial participation by the residents of a street is a known and advertised requirement of the City for a street's inclusion in the VPAP and, absent such financial participation, the City has not budgeted sufficient funds to complete the planned improvement thereof; and WHEREAS, the City Council hereby finds, after careful consideration and in reliance upon factual input from City staff, that the Changed Condition represents a material and unforeseen change in conditions from those existing at the time of the Election and the issuance of the Bonds, such that spending Bond proceeds on improving those identified streets contemplated to participate in the VPAP but, for the reasons described above, will not so participate, would now represent an unwise, unnecessary, and fiscally imprudent expenditure of Bond proceeds, and as a result thereof, any course of action in furtherance thereof is hereby abandoned; and WHEREAS, those Bond proceeds allocated to improving Buckhorn, Olson, Junior Terrace, Comanche, and Viola Streets have become surplus Bond proceeds as a result of the hereinbefore- described abandonment and are hereby reallocated to be spent on other street improvements (with priority given to other qualified VPAP projects) within the City, which expenditure is permissible pursuant to the Election and the Street Authorization; and WHEREAS, the City Council is within its legal rights under established Texas law to abandon the street improvement projects as herein described and to reallocate or redirect Bond proceeds to other projects authorized by the Election and the Street Authorization in the manner described above; and WHEREAS, the City Council hereby finds and determines that the adoption of this. Resolution is in the best interests of the residents of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: As a result of the Changed Condition, which was the subject of significant factual information and briefings concerning this matter received by the City Council from City staff, those certain projects originally authorized under the Street Authorization and consisting of improvements to Buckhorn, Olson, Junior Terrace, Comanche, and Viola Streets, are hereby abandoned. SECTION 2: As a result of the abandonment described in Section 1, Bond proceeds previously allocated thereto and now determined to be surplus Bond proceeds are hereby reallocated in the manner described in the recitals of this Resolution. SECTION 3: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. 90335895.6 -2- —358— SECTION 4: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 5: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 6: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 7: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 8: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 90335995.6 * * * -3- —359— PASSED, ADOPTED AND APPROVED on this the 8th day of February, 2011. CITY OF CORPUS CHRISTI, TEXAS ATTEST: City Secretary (SEAL) APPROVED THIS AY OF \ ("Ali 0/11 Cbetk< Carlos Valdez, City Attorney 90335895.6 Mayor -4- —360— 2011: THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 8th day of February, 2011, concerning the City Council's abandonment of certain authorized projects and the reallocation of resultant surplus bond proceeds, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 8th day of February, 2011. City Secretary (CITY SEAL) 90335895.6 -5- —561— Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 17 NO ATTACHMENT FOR THIS ITEM